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    <title>1998 (8) TMI 317 - COMMISSIONER OF CUSTOMS &amp; CENTRAL EXCISE</title>
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    <description>A clandestine removal demand based only on a theoretical consumption ratio of dyes and chemicals was treated as speculative without independent corroborative evidence, so the larger alleged clearance quantity was not sustained and duty was confined to the admitted unpaid clearances. Cum-duty deduction was rejected because the sale value was not shown to include excise duty. Mandatory penalty under Section 11AC was held inapplicable for the earlier period before that provision came into force, leading to reduction of penalty.</description>
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    <pubDate>Thu, 27 Aug 1998 00:00:00 +0530</pubDate>
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      <title>1998 (8) TMI 317 - COMMISSIONER OF CUSTOMS &amp; CENTRAL EXCISE</title>
      <link>https://www.taxtmi.com/caselaws?id=90793</link>
      <description>A clandestine removal demand based only on a theoretical consumption ratio of dyes and chemicals was treated as speculative without independent corroborative evidence, so the larger alleged clearance quantity was not sustained and duty was confined to the admitted unpaid clearances. Cum-duty deduction was rejected because the sale value was not shown to include excise duty. Mandatory penalty under Section 11AC was held inapplicable for the earlier period before that provision came into force, leading to reduction of penalty.</description>
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      <pubDate>Thu, 27 Aug 1998 00:00:00 +0530</pubDate>
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