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    <title>2015 (11) TMI 456 - CESTAT MUMBAI</title>
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    <description>Under the production-capacity based excise scheme, abatement from duty could not be claimed without compliance with the mandatory procedural requirements, including timely intimation and filing the prescribed declaration. As no declaration for abatement was filed and the production capacity determination was not challenged, the belated claim based on alleged power failure failed, and the duty demand with interest was sustained. The penal consequences, however, were found unwarranted because the assessee could have held a bona fide belief that abatement might be claimed later, so the penalties were set aside.</description>
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    <pubDate>Thu, 08 Oct 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 456 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=267647</link>
      <description>Under the production-capacity based excise scheme, abatement from duty could not be claimed without compliance with the mandatory procedural requirements, including timely intimation and filing the prescribed declaration. As no declaration for abatement was filed and the production capacity determination was not challenged, the belated claim based on alleged power failure failed, and the duty demand with interest was sustained. The penal consequences, however, were found unwarranted because the assessee could have held a bona fide belief that abatement might be claimed later, so the penalties were set aside.</description>
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      <pubDate>Thu, 08 Oct 2015 00:00:00 +0530</pubDate>
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