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    <title>2016 (9) TMI 890 - CESTAT NEW DELHI</title>
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    <description>Mere excess stock of sponge iron, without affirmative evidence of deliberate non-accountal or clandestine removal, does not justify confiscation; the recorded stock discrepancy and the alleged removal were not corroborated, so confiscation was set aside. Cash recovered from residential premises also could not be treated as sale proceeds of clandestine clearances without proof of nexus to duty evasion, and the absence of a notice to the person from whom it was seized further undermined the case. Because the foundation for confiscation failed, the associated penalty also could not survive, and the confiscatory and penal consequences were annulled.</description>
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    <pubDate>Fri, 16 Sep 2016 00:00:00 +0530</pubDate>
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      <title>2016 (9) TMI 890 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=332629</link>
      <description>Mere excess stock of sponge iron, without affirmative evidence of deliberate non-accountal or clandestine removal, does not justify confiscation; the recorded stock discrepancy and the alleged removal were not corroborated, so confiscation was set aside. Cash recovered from residential premises also could not be treated as sale proceeds of clandestine clearances without proof of nexus to duty evasion, and the absence of a notice to the person from whom it was seized further undermined the case. Because the foundation for confiscation failed, the associated penalty also could not survive, and the confiscatory and penal consequences were annulled.</description>
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      <pubDate>Fri, 16 Sep 2016 00:00:00 +0530</pubDate>
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