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    <title>2008 (9) TMI 663 - CESTAT, BANGALORE</title>
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    <description>Stock-taking discrepancies in a steel plant, arising from differing methods of accounting and estimation, could not by themselves sustain duty demand or extended limitation in the absence of evidence of clandestine removal. The mismatch between RG-1 records, annual stock-taking and physical stock was treated as requiring proper contextual appreciation, including the practical difficulties recognised in Board circulars. As no clandestine clearance was shown, the demand failed and the longer limitation period was not invocable. The penalty also fell because it was based on the same unsustainable demand.</description>
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      <description>Stock-taking discrepancies in a steel plant, arising from differing methods of accounting and estimation, could not by themselves sustain duty demand or extended limitation in the absence of evidence of clandestine removal. The mismatch between RG-1 records, annual stock-taking and physical stock was treated as requiring proper contextual appreciation, including the practical difficulties recognised in Board circulars. As no clandestine clearance was shown, the demand failed and the longer limitation period was not invocable. The penalty also fell because it was based on the same unsustainable demand.</description>
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