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    <title>2017 (3) TMI 221 - CESTAT KOLKATA</title>
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    <description>A substantial shortage of finished goods, jointly recorded in stock verification and not satisfactorily explained, supported confirmation of duty demand against the company on the basis of alleged clandestine clearance. On the same factual foundation, penalty on the company under Section 11AC was also upheld. By contrast, the personal penalty on the director was set aside because no material evidence showed his direct involvement in the contravention; penalty could not rest on inference or assumption alone. The result was mixed: the demand and company penalty were sustained, while the director&#039;s penalty was quashed.</description>
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    <pubDate>Fri, 06 Jan 2017 00:00:00 +0530</pubDate>
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      <title>2017 (3) TMI 221 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=339718</link>
      <description>A substantial shortage of finished goods, jointly recorded in stock verification and not satisfactorily explained, supported confirmation of duty demand against the company on the basis of alleged clandestine clearance. On the same factual foundation, penalty on the company under Section 11AC was also upheld. By contrast, the personal penalty on the director was set aside because no material evidence showed his direct involvement in the contravention; penalty could not rest on inference or assumption alone. The result was mixed: the demand and company penalty were sustained, while the director&#039;s penalty was quashed.</description>
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