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    <title>2012 (7) TMI 638 - CESTAT, BANGALORE</title>
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    <description>Mixing denaturant with impure spirit inside the factory premises, even in the buyer&#039;s tanker, was treated as manufacture because the process took place within the factory precincts, produced a distinct excisable product, and occurred under excise supervision; the duty demand and denial of small scale exemption were therefore sustained. Penalties for suppression and misdeclaration were not sustained because the facts did not show a deliberate intent to evade duty, and where two views were possible the absence of fraud, wilful misstatement or suppression was accepted; the penalties were cancelled.</description>
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    <pubDate>Mon, 30 Jan 2012 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=215139</link>
      <description>Mixing denaturant with impure spirit inside the factory premises, even in the buyer&#039;s tanker, was treated as manufacture because the process took place within the factory precincts, produced a distinct excisable product, and occurred under excise supervision; the duty demand and denial of small scale exemption were therefore sustained. Penalties for suppression and misdeclaration were not sustained because the facts did not show a deliberate intent to evade duty, and where two views were possible the absence of fraud, wilful misstatement or suppression was accepted; the penalties were cancelled.</description>
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