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TMI Blog2018 (9) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... records can be adopted as an evidence for arriving at the findings of clandestine removal, in the absence of any corroborative evidence, is well established - the findings of clandestine removal cannot be upheld based upon only the third party documents, unless there is clinching evidence of clandestine manufacture and removal of the goods - appeal allowed - decided in favor of appellant. - 5109 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The demand raised is based on the entries found in a diary recovered from one Sh. S. K. Pansari, Prop. of M/s Monu Steel a consignment agent. The statement of Sh. S. K. Pansari has also been relied upon. Further, during the course of investigation, Revenue also recorded the statement of Sh. Sitaram Agarwal, Director. It is pertinent to record that the Director has not admitted to the clandestine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments as well as statement. Revenue has failed to bring any corroborative evidence on record. No evidence has been brought on record by Revenue which supports the charge of clandestine clearance on the part of the assessees. 4.1 Ld. Advocate further submitted that several cases were made by Revenue against various other manufacturers of M.S. Ingots also commonly on the basis of diary entries o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigation, the Directors of the appellant have been interrogated and their statements recorded. But, it is seen that neither of the Directors have admitted to the correctness of the details found in Sh. S. K. Pansari s diary. Nor have they admitted the charge of clandestine clearance. 7. The law i.e. as to whether the third party records can be adopted as an evidence for arriving at the find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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