Retracted Statement Cannot Simply Be Brushed Aside : CESTAT
2 years, 4 months ago

Retracted Statement Cannot Simply Be Brushed Aside : CESTAT

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The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal has held that the contents of the retracted statement cannot simply be brushed aside to conclude that the assessee/appellant has indulged in the activity of undervaluation of goods. The appellant submitted that there was no inordinate delay in filing the retraction statement inasmuch as copies of the statements recorded under summon were not furnished by the department immediately after the signing of the summons during the course of investigation. The appellant in his statement recorded under summons has stated the detailed modus operandi adopted by the appellant in gross undervaluation of the goods and, for that purpose, has voluntarily made a payment of Rs. "We find that the department's reliance on retracted statements, documents retrieved from computers without following due procedure as per law, and the arguments on the basis of insurance policies fall flat.

History of this topic

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