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    <title>2014 (2) TMI 718 - CESTAT NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=244124</link>
    <description>Pre-deposit relief in stock-related penalty appeals depended on the extent of variation between declared and allegedly excess finished goods when stock was determined on an average-weight basis. A discrepancy of about 25% was treated as too large to be explained by estimation methods, supporting a prima facie case of unaccounted stock and justifying confiscation and penalty at the stay stage. By contrast, variations below 5% were treated as marginal and capable of arising from the sampling method, so the allegation of non-accounted finished goods was not sustained for those appellants at the stay stage. Pre-deposit and recovery were therefore waived and stayed for three appellants, while partial deposit was required from the appellant with the larger excess.</description>
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    <pubDate>Tue, 08 Oct 2013 00:00:00 +0530</pubDate>
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      <title>2014 (2) TMI 718 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=244124</link>
      <description>Pre-deposit relief in stock-related penalty appeals depended on the extent of variation between declared and allegedly excess finished goods when stock was determined on an average-weight basis. A discrepancy of about 25% was treated as too large to be explained by estimation methods, supporting a prima facie case of unaccounted stock and justifying confiscation and penalty at the stay stage. By contrast, variations below 5% were treated as marginal and capable of arising from the sampling method, so the allegation of non-accounted finished goods was not sustained for those appellants at the stay stage. Pre-deposit and recovery were therefore waived and stayed for three appellants, while partial deposit was required from the appellant with the larger excess.</description>
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      <pubDate>Tue, 08 Oct 2013 00:00:00 +0530</pubDate>
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