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    <title>2005 (2) TMI 711 - CESTAT, MUMBAI</title>
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    <description>Spent DEHPA cleared after use as capital goods was treated as an unserviceable residue, not a new excisable product; central excise duty, related penalty and confiscation were therefore unsustainable. Where Modvat credit had been availed on capital goods removed from the factory, the reversal had to be computed on depreciated value under the governing rules, so the earlier proportionate computation was set aside and the matter remitted for fresh redetermination. Vehicle confiscation could not be maintained where the driver had been exonerated of penalty on the facts found, because the basis for confiscation was absent.</description>
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    <pubDate>Thu, 03 Feb 2005 00:00:00 +0530</pubDate>
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      <title>2005 (2) TMI 711 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=116123</link>
      <description>Spent DEHPA cleared after use as capital goods was treated as an unserviceable residue, not a new excisable product; central excise duty, related penalty and confiscation were therefore unsustainable. Where Modvat credit had been availed on capital goods removed from the factory, the reversal had to be computed on depreciated value under the governing rules, so the earlier proportionate computation was set aside and the matter remitted for fresh redetermination. Vehicle confiscation could not be maintained where the driver had been exonerated of penalty on the facts found, because the basis for confiscation was absent.</description>
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      <pubDate>Thu, 03 Feb 2005 00:00:00 +0530</pubDate>
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