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    <title>2010 (12) TMI 203 - CESTAT, DELHI</title>
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    <description>Undisputed shortage of sponge iron, admitted at stock verification, supported penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. The explanation of wrong weighment was rejected because no weighing facility or satisfactory supporting material was shown, making the finding of no clandestine removal unsustainable. Pre-notice payment of duty did not, by itself, remove statutory liability to penalty where the ingredients for penalty were otherwise established. The earlier deletion of penalty was therefore set aside and penalty was restored.</description>
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    <pubDate>Thu, 30 Dec 2010 00:00:00 +0530</pubDate>
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      <title>2010 (12) TMI 203 - CESTAT, DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=203077</link>
      <description>Undisputed shortage of sponge iron, admitted at stock verification, supported penalty under Rule 13 of the Cenvat Credit Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. The explanation of wrong weighment was rejected because no weighing facility or satisfactory supporting material was shown, making the finding of no clandestine removal unsustainable. Pre-notice payment of duty did not, by itself, remove statutory liability to penalty where the ingredients for penalty were otherwise established. The earlier deletion of penalty was therefore set aside and penalty was restored.</description>
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      <pubDate>Thu, 30 Dec 2010 00:00:00 +0530</pubDate>
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