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    <title>2005 (6) TMI 515 - CESTAT, MUMBAI</title>
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    <description>Modvat credit could not be denied merely because the job worker&#039;s records showed a lower burning loss than the loss claimed on return of the goods, since no evidence established that the disclosed loss was false or that inputs were clandestinely removed. A higher burning-loss claim, by itself, did not justify an inference of unlawful diversion of inputs, and the Board&#039;s circular also recognised that credit cannot be denied only because part of the inputs ended up in waste or scrap. In the absence of further material showing treatment of the inputs contrary to law, confirmation of duty was not sustainable and the denial of credit was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=120231</link>
      <description>Modvat credit could not be denied merely because the job worker&#039;s records showed a lower burning loss than the loss claimed on return of the goods, since no evidence established that the disclosed loss was false or that inputs were clandestinely removed. A higher burning-loss claim, by itself, did not justify an inference of unlawful diversion of inputs, and the Board&#039;s circular also recognised that credit cannot be denied only because part of the inputs ended up in waste or scrap. In the absence of further material showing treatment of the inputs contrary to law, confirmation of duty was not sustainable and the denial of credit was set aside.</description>
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