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    <title>2008 (1) TMI 799 - CESTAT, AHMEDABAD</title>
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    <description>The Commissioner (Appeals) set aside the order confirming demand and penalty, citing discrepancies in statements recorded during investigations. The Commissioner found certain words in the statements nonsensical and out of place, leading to a lack of confidence in their reliability. The decision was upheld as the statements were retracted without evidence of a mechanical retraction. Additionally, findings of clandestine removal based on a green colored diary were dismissed due to lack of corroborative evidence, emphasizing the importance of proper evaluation of evidence and adherence to legal principles in reaching conclusions.</description>
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      <description>The Commissioner (Appeals) set aside the order confirming demand and penalty, citing discrepancies in statements recorded during investigations. The Commissioner found certain words in the statements nonsensical and out of place, leading to a lack of confidence in their reliability. The decision was upheld as the statements were retracted without evidence of a mechanical retraction. Additionally, findings of clandestine removal based on a green colored diary were dismissed due to lack of corroborative evidence, emphasizing the importance of proper evaluation of evidence and adherence to legal principles in reaching conclusions.</description>
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