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    <title>2009 (11) TMI 769 - CESTAT CHENNAI</title>
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    <description>Duty-free molasses obtained under Chapter X and Rule 196 of the Central Excise Rules, 1944 was found, on the available records and surrounding evidence, to have been diverted rather than actually consumed in the manufacture of cattle feed; the evidence of alleged purchasers and suppliers, low electricity use, and the unproved generator-hire claim supported duty liability, and the demand was sustained. A separate penalty on the proprietor of the proprietary concern was not legally sustainable because the unit was a proprietary concern, so that personal penalty was set aside.</description>
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      <description>Duty-free molasses obtained under Chapter X and Rule 196 of the Central Excise Rules, 1944 was found, on the available records and surrounding evidence, to have been diverted rather than actually consumed in the manufacture of cattle feed; the evidence of alleged purchasers and suppliers, low electricity use, and the unproved generator-hire claim supported duty liability, and the demand was sustained. A separate penalty on the proprietor of the proprietary concern was not legally sustainable because the unit was a proprietary concern, so that personal penalty was set aside.</description>
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