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    <title>2016 (12) TMI 1162 - CESTAT NEW DELHI</title>
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    <description>Penalty under Rule 25 of the Central Excise Rules read with Section 11AC was held unsustainable where the alleged shortage of finished goods was not backed by positive evidence of clandestine removal. The factual basis needed to impose penal action on the company and its Managing Director was therefore not established. Although duty liability was not disputed and duty recovery was left open, that did not justify the penalty. The penalty was set aside.</description>
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      <description>Penalty under Rule 25 of the Central Excise Rules read with Section 11AC was held unsustainable where the alleged shortage of finished goods was not backed by positive evidence of clandestine removal. The factual basis needed to impose penal action on the company and its Managing Director was therefore not established. Although duty liability was not disputed and duty recovery was left open, that did not justify the penalty. The penalty was set aside.</description>
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      <pubDate>Fri, 26 Aug 2016 00:00:00 +0530</pubDate>
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