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2018 (3) TMI 687

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..... ndestine manufacture and clearance made by the Revenue - appeal allowed - decided in favor of appellant. - E/51077 & 51078/2014-EX(DB) - A/50384-50385/2018-EX[DB] - Dated:- 24-1-2018 - Dr. Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) Present Shri Jatin Mahajan, Advocate - for the Appellant Present Shri S.K. Bansal, AR - for the Respondent ORDER .....

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..... d Shri Jatin Mahajan, Ld. Counsel for the appellant submits that the turnover in excess was only ₹ 96,000/- for which the excise duty has already been paid. He also submits that the demand has been made on the basis of the figures found in balance sheet. The figures in balance sheet included not only the value of goods manufactured by the assessee, but also the connected supporting items whi .....

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..... evenue was of the view that total turnover reflected in the balance sheet exceed ₹ 1 crore and the additional turnover, which was claimed to be on account of trading of goods, were in fact, goods manufactured and clandestinely cleared by the appellant. In the statement recorded from the Director, he has made vague admission saying that if turnover has exceeded ₹ 1 crore, he will discha .....

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..... ₹ 1 crore limit. Consequently, we are of the view that there is no justification for allegation of clandestine manufacture and clearance made by the Revenue. Hence, the impugned order is set aside as there is no supporting evidence. Consequently, the impugned order is set aside and the appeals are allowed [Order Dictated Pronounced in the open court] - - TaxTMI - TMITax - Central .....

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