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    <title>2006 (4) TMI 273 - CESTAT, NEW DELHI</title>
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    <description>Confiscation and penalty under Rule 25(1)(b) of the Central Excise Rules, 2001 were found unsustainable because the goods discovered in the factory were explained as returned goods and that explanation was not shown to be false. The requirement to &quot;account for&quot; excisable goods was treated as satisfied by a credible explanation for their presence, and not necessarily by prior book entry. On that basis, the confiscation and penalty were set aside.</description>
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      <description>Confiscation and penalty under Rule 25(1)(b) of the Central Excise Rules, 2001 were found unsustainable because the goods discovered in the factory were explained as returned goods and that explanation was not shown to be false. The requirement to &quot;account for&quot; excisable goods was treated as satisfied by a credible explanation for their presence, and not necessarily by prior book entry. On that basis, the confiscation and penalty were set aside.</description>
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