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    <title>2016 (9) TMI 179 - CESTAT  ALLAHABAD</title>
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    <description>Under the compounded levy scheme, annual production capacity could not be fixed on the basis of two furnaces where the assessee had intimated operation of only one furnace and the record contained no evidence that both furnaces were working for the relevant month. Duty was therefore required to be recalculated on the basis of one furnace, as fixation on assumptions and presumptions was unsustainable. On the effect of omission of the relevant compounded levy provisions, interest and penalty were not enforceable, although the duty component remained protected. The payable amount was to be recomputed accordingly.</description>
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    <pubDate>Tue, 26 Jul 2016 00:00:00 +0530</pubDate>
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      <title>2016 (9) TMI 179 - CESTAT  ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=331918</link>
      <description>Under the compounded levy scheme, annual production capacity could not be fixed on the basis of two furnaces where the assessee had intimated operation of only one furnace and the record contained no evidence that both furnaces were working for the relevant month. Duty was therefore required to be recalculated on the basis of one furnace, as fixation on assumptions and presumptions was unsustainable. On the effect of omission of the relevant compounded levy provisions, interest and penalty were not enforceable, although the duty component remained protected. The payable amount was to be recomputed accordingly.</description>
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      <pubDate>Tue, 26 Jul 2016 00:00:00 +0530</pubDate>
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