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    <title>2006 (12) TMI 293 - CESTAT, MUMBAI</title>
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    <description>Duty demand and penalty could not be restored where the assessee was not supplied the documents used to quantify the demand and was therefore denied a proper opportunity to defend itself. The alleged excess and shortage were found at the job worker&#039;s premises, not at the assessee&#039;s own premises, and the show cause notice rested mainly on oral statements rather than supporting documentary material such as job work challans. In these circumstances, a remand to allow the Department to build a fresh case on documents not previously disclosed was not justified at the appellate stage, and the Revenue&#039;s challenge failed.</description>
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    <pubDate>Tue, 05 Dec 2006 00:00:00 +0530</pubDate>
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      <title>2006 (12) TMI 293 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=120531</link>
      <description>Duty demand and penalty could not be restored where the assessee was not supplied the documents used to quantify the demand and was therefore denied a proper opportunity to defend itself. The alleged excess and shortage were found at the job worker&#039;s premises, not at the assessee&#039;s own premises, and the show cause notice rested mainly on oral statements rather than supporting documentary material such as job work challans. In these circumstances, a remand to allow the Department to build a fresh case on documents not previously disclosed was not justified at the appellate stage, and the Revenue&#039;s challenge failed.</description>
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