Clandestine production and removal - onus to prove - The ...

Seized notebooks alone don't shift burden of proof; need independent evidence for clandestine removal charges.

January 16, 2024

Case Laws Central Excise AT

Clandestine production and removal - onus to prove - The submission of the revenue that by the recovery of the notebooks, they have discharged the burden and the onus to prove thereafter shifts on the assessee is erroneous as it has been repeatedly observed that merely on seized records, the charge of clandestine removal is not sustainable unless the same is corroborated by other substantive and independent evidence. The seized record from the residence of Sri S.V.S. Sarma cannot be related to the business accounts of NIPL. - AT

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Clandestine production and removal - onus to prove - The ...

Seized notebooks alone don't shift burden of proof; need independent evidence for clandestine removal charges.

January 16, 2024

Case Laws Central Excise AT

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