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    <title>2013 (9) TMI 692 - CESTAT AHMEDABAD</title>
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    <description>Unexplained shortage of finished goods was treated as dutiable where the assessee could not show any acceptable storage, evaporation, or other permissible loss, so the duty demand was upheld. Minor weighment differences in inputs, where the supplier accepted part of the shortage and there was no evidence of diversion or clandestine removal, were held insufficient to deny Cenvat credit, so that demand was set aside. For waste yarn cleared at understated value, excess realisation proved by a private notebook sustained undervaluation only to the extent independently established, with cum-duty benefit applied to the recomputed amount. Penalties were adjusted correspondingly, with the assessee&#039;s penalty maintained for the surviving demand and personal penalties reduced.</description>
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    <pubDate>Mon, 10 Sep 2012 00:00:00 +0530</pubDate>
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      <title>2013 (9) TMI 692 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=237260</link>
      <description>Unexplained shortage of finished goods was treated as dutiable where the assessee could not show any acceptable storage, evaporation, or other permissible loss, so the duty demand was upheld. Minor weighment differences in inputs, where the supplier accepted part of the shortage and there was no evidence of diversion or clandestine removal, were held insufficient to deny Cenvat credit, so that demand was set aside. For waste yarn cleared at understated value, excess realisation proved by a private notebook sustained undervaluation only to the extent independently established, with cum-duty benefit applied to the recomputed amount. Penalties were adjusted correspondingly, with the assessee&#039;s penalty maintained for the surviving demand and personal penalties reduced.</description>
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      <pubDate>Mon, 10 Sep 2012 00:00:00 +0530</pubDate>
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