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    <title>2012 (10) TMI 384 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=217444</link>
    <description>A second show cause notice for an earlier period was held not time-barred where the case involved suppression and clandestine activity based on records recovered later, so the outer limitation period remained available. Foreign-origin cannulae were not treated as smuggled goods under the Customs Act because they were not covered by Section 123 and the Revenue lacked corroborative evidence; customs duty, confiscation and penalty were set aside. In contrast, unaccounted finished goods, private records and absence of reliable stock and transaction records supported a finding of clandestine manufacture and clearance of needles by a 100% EOU, so excise duty, confiscation and penalty were upheld. Quantification of excise duty was remanded for fresh determination.</description>
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    <pubDate>Wed, 11 Jan 2012 00:00:00 +0530</pubDate>
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      <title>2012 (10) TMI 384 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=217444</link>
      <description>A second show cause notice for an earlier period was held not time-barred where the case involved suppression and clandestine activity based on records recovered later, so the outer limitation period remained available. Foreign-origin cannulae were not treated as smuggled goods under the Customs Act because they were not covered by Section 123 and the Revenue lacked corroborative evidence; customs duty, confiscation and penalty were set aside. In contrast, unaccounted finished goods, private records and absence of reliable stock and transaction records supported a finding of clandestine manufacture and clearance of needles by a 100% EOU, so excise duty, confiscation and penalty were upheld. Quantification of excise duty was remanded for fresh determination.</description>
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      <pubDate>Wed, 11 Jan 2012 00:00:00 +0530</pubDate>
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