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    <title>2011 (6) TMI 637 - CESTAT, MUMBAI</title>
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    <description>In confiscation proceedings concerning capital goods repossessed by a financing and leasing company under a hire-purchase arrangement, the redemption fine was held to be appropriately reduced because such fine should bear relation to profit from the offending activity, and no such profit arose from repossession. The revenue loss was incidental and no intentional evasion was shown. On penalty, the reduced amount was upheld because the company was not acting as a Central Excise assessee, retained title to the goods, and repossessed them only to recover dues; absent guilty intention, the breach was treated as technical and no enhancement was warranted.</description>
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    <pubDate>Tue, 14 Jun 2011 00:00:00 +0530</pubDate>
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      <title>2011 (6) TMI 637 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=213147</link>
      <description>In confiscation proceedings concerning capital goods repossessed by a financing and leasing company under a hire-purchase arrangement, the redemption fine was held to be appropriately reduced because such fine should bear relation to profit from the offending activity, and no such profit arose from repossession. The revenue loss was incidental and no intentional evasion was shown. On penalty, the reduced amount was upheld because the company was not acting as a Central Excise assessee, retained title to the goods, and repossessed them only to recover dues; absent guilty intention, the breach was treated as technical and no enhancement was warranted.</description>
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      <pubDate>Tue, 14 Jun 2011 00:00:00 +0530</pubDate>
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