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    <title>2003 (8) TMI 398 - CESTAT, NEW DELHI</title>
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    <description>Penalty for irregular Modvat credit on weigh bridges installed outside the factory was upheld because the underlying credit dispute had already been decided against eligibility of capital goods used outside the factory. The assessee&#039;s plea of bona fide belief was rejected as it had not been raised at the earlier stage and was treated as an afterthought unsupported by the record. The cited precedent on sugar manufacture was found not to establish that weighment at an external weighbridge formed part of the manufacturing process. While the penalty remained sustainable, its quantum was required to match the nature of the established infringement, so the amount was reduced.</description>
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    <pubDate>Mon, 25 Aug 2003 00:00:00 +0530</pubDate>
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      <title>2003 (8) TMI 398 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=109633</link>
      <description>Penalty for irregular Modvat credit on weigh bridges installed outside the factory was upheld because the underlying credit dispute had already been decided against eligibility of capital goods used outside the factory. The assessee&#039;s plea of bona fide belief was rejected as it had not been raised at the earlier stage and was treated as an afterthought unsupported by the record. The cited precedent on sugar manufacture was found not to establish that weighment at an external weighbridge formed part of the manufacturing process. While the penalty remained sustainable, its quantum was required to match the nature of the established infringement, so the amount was reduced.</description>
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      <pubDate>Mon, 25 Aug 2003 00:00:00 +0530</pubDate>
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