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    <title>2017 (2) TMI 360 - CESTAT MUMBAI</title>
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    <description>Allegations of under-valuation of grey fabrics were found unproved where the relied-upon documents were not supplied, there was no invoice-wise correlation between purchases and clearances, and the main statement was retracted in cross-examination without independent corroboration. On that factual basis, the demand and related penalties were treated as unsustainable. Penalty under Rule 209A of the Central Excise Rules, 1944 also failed because the Revenue did not establish the necessary link with goods liable to confiscation or the required knowledge and involvement. The appeals consequently succeeded and the penalties were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=338660</link>
      <description>Allegations of under-valuation of grey fabrics were found unproved where the relied-upon documents were not supplied, there was no invoice-wise correlation between purchases and clearances, and the main statement was retracted in cross-examination without independent corroboration. On that factual basis, the demand and related penalties were treated as unsustainable. Penalty under Rule 209A of the Central Excise Rules, 1944 also failed because the Revenue did not establish the necessary link with goods liable to confiscation or the required knowledge and involvement. The appeals consequently succeeded and the penalties were set aside.</description>
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