Allegation of Manufacturer 'Clandestinely' Clearing Goods To Escape Tax Must Be Based On 'Tangible Evidence': Delhi HC
3 months, 3 weeks ago

Allegation of Manufacturer 'Clandestinely' Clearing Goods To Escape Tax Must Be Based On 'Tangible Evidence': Delhi HC

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The Delhi High Court has held that where a manufacturer is booked by the tax authorities for clandestinely clearing its goods to escape tax, the charge must be based on “tangible evidence”. “In the absence of any tangible evidence which would indicate that there was clandestine manufacture and clearance of the goods from the premises of the respondent, we hold that the impugned order dated 08.06.2017 passed by the CESTAT does not suffer from any serious error and does not merit interference,” the Court thus held. Ltd. where the Gujarat High Court in a case of alleged clandestine removal held that there needed to be “positive evidence” to establish evasion. Ltd. v. CCE, Ahmedabad-II 2014, CESTAT discussed the entire law concerning clandestine removal and held that there should be tangible evidence of clandestine manufacture and clearance and not merely inferences or unwarranted assumptions.

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