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    <title>2015 (10) TMI 688 - ANDHRA PRADESH HIGH COURT</title>
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    <description>Unaccounted finished goods and raw material lying inside the factory could not be confiscated under Rule 173Q of the Central Excise Rules, 1944 merely because statutory entries were delayed or defective. Excise duty was treated as arising on removal, and the record-keeping requirements were viewed as regulatory rather than a basis for confiscation in the absence of clandestine removal. Confiscation could be sustained only on clear proof that the goods were not genuinely manufactured or were stored with wrongful intent, which was neither pleaded nor established. The assessee&#039;s position was upheld and the departmental request for reference failed.</description>
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    <pubDate>Wed, 24 Sep 2014 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=265413</link>
      <description>Unaccounted finished goods and raw material lying inside the factory could not be confiscated under Rule 173Q of the Central Excise Rules, 1944 merely because statutory entries were delayed or defective. Excise duty was treated as arising on removal, and the record-keeping requirements were viewed as regulatory rather than a basis for confiscation in the absence of clandestine removal. Confiscation could be sustained only on clear proof that the goods were not genuinely manufactured or were stored with wrongful intent, which was neither pleaded nor established. The assessee&#039;s position was upheld and the departmental request for reference failed.</description>
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