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    <title>2016 (8) TMI 938 - CESTAT NEW DELHI</title>
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    <description>Waste and scrap were held dutiable under Notification No. 22/2003-CE only when they arose from duty-free goods or their processing; scrap from packing material used to hold duty-free inputs, and from electrical, pipe, tube light and mechanical parts, was not shown to have arisen from such duty-free material, so the duty demand failed. On limitation, mere non-payment of duty was insufficient to prove wilful suppression, and the Revenue did not establish deliberate intent to evade duty; accordingly, the extended period and equal penalty were held not invocable. The demand, interest and penalties were treated as unsustainable.</description>
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    <pubDate>Tue, 09 Aug 2016 00:00:00 +0530</pubDate>
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      <title>2016 (8) TMI 938 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=331554</link>
      <description>Waste and scrap were held dutiable under Notification No. 22/2003-CE only when they arose from duty-free goods or their processing; scrap from packing material used to hold duty-free inputs, and from electrical, pipe, tube light and mechanical parts, was not shown to have arisen from such duty-free material, so the duty demand failed. On limitation, mere non-payment of duty was insufficient to prove wilful suppression, and the Revenue did not establish deliberate intent to evade duty; accordingly, the extended period and equal penalty were held not invocable. The demand, interest and penalties were treated as unsustainable.</description>
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