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    <title>2005 (9) TMI 390 - CESTAT, NEW DELHI</title>
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    <description>Alleged duty demand based on supposed shortage of decorated bottles failed because the record did not support physical verification or any proof of clandestine removal, and the clearances were already reflected in duty-paid accounts. Confiscation of decorated, reannealed and unprinted bottles also failed because their receipt, return and processing were accounted for under the duty-paid procedure, with no evidence of evasion after reannealing. Denial of Modvat credit was not justified where unprinted glass bottles were received under duty-paid invoices as inputs, and the penalty could not survive once the demand and confiscation were unsustainable.</description>
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    <pubDate>Tue, 06 Sep 2005 00:00:00 +0530</pubDate>
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      <title>2005 (9) TMI 390 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=116579</link>
      <description>Alleged duty demand based on supposed shortage of decorated bottles failed because the record did not support physical verification or any proof of clandestine removal, and the clearances were already reflected in duty-paid accounts. Confiscation of decorated, reannealed and unprinted bottles also failed because their receipt, return and processing were accounted for under the duty-paid procedure, with no evidence of evasion after reannealing. Denial of Modvat credit was not justified where unprinted glass bottles were received under duty-paid invoices as inputs, and the penalty could not survive once the demand and confiscation were unsustainable.</description>
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      <pubDate>Tue, 06 Sep 2005 00:00:00 +0530</pubDate>
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