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    <title>2007 (4) TMI 491 - CESTAT, MUMBAI</title>
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    <description>Misdescribed clearances admitted as profiles cleared under the description of M.S. Plates (Rectangular) were treated as suppression for limitation purposes, so the extended period was held applicable and the duty demand sustained. Where the assessee failed to provide a correct breakup of clearances, duty was accepted on a reasonable estimate using 35% of total sales as the basis for profile clearances, and that quantification was upheld. Penalties were reduced on facts: the assessee&#039;s penalty was moderated, the partner was held liable because of involvement in the misdescription, and his penalty was also reduced. Confiscation of land, building and machinery was set aside because the duty involved was below the relevant threshold and no repeat offence was shown.</description>
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    <pubDate>Wed, 18 Apr 2007 00:00:00 +0530</pubDate>
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      <title>2007 (4) TMI 491 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=121684</link>
      <description>Misdescribed clearances admitted as profiles cleared under the description of M.S. Plates (Rectangular) were treated as suppression for limitation purposes, so the extended period was held applicable and the duty demand sustained. Where the assessee failed to provide a correct breakup of clearances, duty was accepted on a reasonable estimate using 35% of total sales as the basis for profile clearances, and that quantification was upheld. Penalties were reduced on facts: the assessee&#039;s penalty was moderated, the partner was held liable because of involvement in the misdescription, and his penalty was also reduced. Confiscation of land, building and machinery was set aside because the duty involved was below the relevant threshold and no repeat offence was shown.</description>
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