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    <title>2005 (11) TMI 302 - CESTAT, KOLKATA</title>
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    <description>Clearance of unused HR sheets as rusted scrap after reversal of Modvat credit required verification of the nature of removal and the basis of valuation. The Department had not examined the appellant&#039;s plea that the goods remained unused for years, had rusted, and were cleared only as scrap, nor had it disclosed any evidence supporting the valuation adopted for duty demand. Because the enquiry was incomplete and the valuation lacked an evidentiary foundation, the adjudication was found deficient. The matter was remanded for fresh consideration after proper enquiry and observance of natural justice.</description>
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      <title>2005 (11) TMI 302 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=116839</link>
      <description>Clearance of unused HR sheets as rusted scrap after reversal of Modvat credit required verification of the nature of removal and the basis of valuation. The Department had not examined the appellant&#039;s plea that the goods remained unused for years, had rusted, and were cleared only as scrap, nor had it disclosed any evidence supporting the valuation adopted for duty demand. Because the enquiry was incomplete and the valuation lacked an evidentiary foundation, the adjudication was found deficient. The matter was remanded for fresh consideration after proper enquiry and observance of natural justice.</description>
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