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    <title>2007 (3) TMI 443 - CESTAT, MUMBAI</title>
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    <description>Penalties under the excise penalty provisions were held unsustainable at the prima facie stage where the applicants were only dealers in raw materials, not registered dealers of the finished goods, and no offence was shown in relation to their raw material dealings. The partner/director penalty also could not be sustained because there was no finding that the goods concerned were liable to confiscation. On these facts, the applicants established a prima facie case for complete waiver of pre-deposit and stay of recovery pending the appeals.</description>
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      <link>https://www.taxtmi.com/caselaws?id=121196</link>
      <description>Penalties under the excise penalty provisions were held unsustainable at the prima facie stage where the applicants were only dealers in raw materials, not registered dealers of the finished goods, and no offence was shown in relation to their raw material dealings. The partner/director penalty also could not be sustained because there was no finding that the goods concerned were liable to confiscation. On these facts, the applicants established a prima facie case for complete waiver of pre-deposit and stay of recovery pending the appeals.</description>
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