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    <title>1996 (4) TMI 219 - CEGAT, CALCUTTA</title>
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    <description>Excise exemption for goods said to be manufactured without power was denied because the evidence showed actual use of a power-driven drill and related power-operated processes, and the assessee did not prove eligibility. The unit was also treated as a factory because the R&amp;D staff engaged in design modification, testing and allied manufacturing work, together with the sweeper, were workers and the statutory threshold was crossed, so factory-based exemption was unavailable. The demand was not time-barred because departmental inspection detected the clearances and no bona fide belief of non-dutiability was established. Confiscation and redemption fine were not sustainable after provisional release against bond, and the duty had to be re-quantified on a cum-duty basis.</description>
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      <title>1996 (4) TMI 219 - CEGAT, CALCUTTA</title>
      <link>https://www.taxtmi.com/caselaws?id=85305</link>
      <description>Excise exemption for goods said to be manufactured without power was denied because the evidence showed actual use of a power-driven drill and related power-operated processes, and the assessee did not prove eligibility. The unit was also treated as a factory because the R&amp;D staff engaged in design modification, testing and allied manufacturing work, together with the sweeper, were workers and the statutory threshold was crossed, so factory-based exemption was unavailable. The demand was not time-barred because departmental inspection detected the clearances and no bona fide belief of non-dutiability was established. Confiscation and redemption fine were not sustainable after provisional release against bond, and the duty had to be re-quantified on a cum-duty basis.</description>
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