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    <title>2002 (5) TMI 383 - CEGAT, NEW DELHI</title>
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    <description>Unaccounted goods found in the factory, but not yet cleared, were held not liable to confiscation or the stricter penalty where intention to evade duty was not proved. The assessee&#039;s claim to small scale exemption and the absence of mens rea meant the harsher Central Excise consequences were not justified. However, the failure to maintain proper records was treated as a separate compliance lapse, attracting only a limited penalty under the record-keeping rule. The impugned order was set aside, while a small penalty was sustained for the accounting default.</description>
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      <link>https://www.taxtmi.com/caselaws?id=102157</link>
      <description>Unaccounted goods found in the factory, but not yet cleared, were held not liable to confiscation or the stricter penalty where intention to evade duty was not proved. The assessee&#039;s claim to small scale exemption and the absence of mens rea meant the harsher Central Excise consequences were not justified. However, the failure to maintain proper records was treated as a separate compliance lapse, attracting only a limited penalty under the record-keeping rule. The impugned order was set aside, while a small penalty was sustained for the accounting default.</description>
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      <pubDate>Thu, 30 May 2002 00:00:00 +0530</pubDate>
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