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    <title>2004 (3) TMI 514 - CESTAT, KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=111500</link>
    <description>Finished goods found in excess and not entered in the RG-I register were examined for confiscation and personal penalties. The appellants stated that the goods were under testing for galvanising defects and were entered in RG-I only after testing and customer inspection. As no clandestine removal or duty evasion was shown, mere non-accountal was treated as a procedural lapse rather than a substantive contravention. The cited precedent was applied to hold that confiscation cannot rest solely on non-entry in records when marketability and intent to remove clandestinely are not established. Confiscation and personal penalties were therefore held unsustainable.</description>
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    <pubDate>Tue, 09 Mar 2004 00:00:00 +0530</pubDate>
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      <title>2004 (3) TMI 514 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=111500</link>
      <description>Finished goods found in excess and not entered in the RG-I register were examined for confiscation and personal penalties. The appellants stated that the goods were under testing for galvanising defects and were entered in RG-I only after testing and customer inspection. As no clandestine removal or duty evasion was shown, mere non-accountal was treated as a procedural lapse rather than a substantive contravention. The cited precedent was applied to hold that confiscation cannot rest solely on non-entry in records when marketability and intent to remove clandestinely are not established. Confiscation and personal penalties were therefore held unsustainable.</description>
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      <pubDate>Tue, 09 Mar 2004 00:00:00 +0530</pubDate>
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