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    <title>2011 (12) TMI 437 - CESTAT NEW DELHI</title>
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    <description>Exemption under Notification No. 108/95-C.E. was claimed for clearances made against a certificate issued by the competent authority for the assessee&#039;s units. The absence of the original certificate at the time of removal, and use of a photocopy or a common certificate for multiple units, did not by itself establish wrongful availment where the certificate was not shown to be false, the authorised quantity was not exceeded, and no actual revenue loss was demonstrated. On that basis, insistence on separate certificates for each factory was unwarranted, and the duty demand and penalty were held unsustainable.</description>
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    <pubDate>Fri, 09 Dec 2011 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=246328</link>
      <description>Exemption under Notification No. 108/95-C.E. was claimed for clearances made against a certificate issued by the competent authority for the assessee&#039;s units. The absence of the original certificate at the time of removal, and use of a photocopy or a common certificate for multiple units, did not by itself establish wrongful availment where the certificate was not shown to be false, the authorised quantity was not exceeded, and no actual revenue loss was demonstrated. On that basis, insistence on separate certificates for each factory was unwarranted, and the duty demand and penalty were held unsustainable.</description>
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      <pubDate>Fri, 09 Dec 2011 00:00:00 +0530</pubDate>
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