No Penalty for Clandestine removal in absence of cogent evidence

Commissioner, Customs & Central Excise Vs Prakash Industries Limited (CESTAT Delhi) Conclusion: Charge of clandestine removal and duty evasion was a serious charge having civil consequences upon the assessee. Such charge could not be confirmed unless there was sufficient corroborative evidence which lead to the inevitable conclusion of clandestine removal and only on the basis of third party evidence the charge of clandestine removal was not sustainable. Held: The dispute in this appeal related to dropping of demand of Rs. 9,94,65,997/- by Commissioner out of the total proposed demand of R...