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    <title>1994 (3) TMI 248 - CEGAT, BOMBAY</title>
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    <description>MODVAT credit was confined to inputs actually received in the factory and used in manufacture, so credit taken on the basis of duty-paid documents for a larger quantity than physically received was disallowed to the extent of the short-receipt. The admitted short-receipt therefore justified reversal of the excess credit. On penalty, the absence of mala fide intent did not eliminate liability because an internal communication lapse led to excess credit being taken and utilised over a prolonged period, but payment of duty before adjudication justified reduction in quantum. The reversal demand was sustained and the penalty was reduced, granting partial relief to the assessee.</description>
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    <pubDate>Wed, 30 Mar 1994 00:00:00 +0530</pubDate>
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      <title>1994 (3) TMI 248 - CEGAT, BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=83506</link>
      <description>MODVAT credit was confined to inputs actually received in the factory and used in manufacture, so credit taken on the basis of duty-paid documents for a larger quantity than physically received was disallowed to the extent of the short-receipt. The admitted short-receipt therefore justified reversal of the excess credit. On penalty, the absence of mala fide intent did not eliminate liability because an internal communication lapse led to excess credit being taken and utilised over a prolonged period, but payment of duty before adjudication justified reduction in quantum. The reversal demand was sustained and the penalty was reduced, granting partial relief to the assessee.</description>
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