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    <title>2017 (3) TMI 640 - CESTAT NEW DELHI</title>
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    <description>Contemporaneous records and corroborative evidence established that commercial production had commenced before the prescribed cutoff date, so exemption under Notification No. 50/2003-CE could not be denied on a presumptive departmental view. The Tribunal relied on the department&#039;s own acknowledgement of purchase and use of semi-finished shells, together with invoices, transport documents, VAT/CST returns, and the assessee&#039;s intimation of commencement of production. It also noted that the verification was not carried out in regular procedure and that adverse inference was drawn without adequate evidence. The denial of exemption was therefore unsustainable, and the resulting demand, interest, and penalties were set aside.</description>
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      <title>2017 (3) TMI 640 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=340137</link>
      <description>Contemporaneous records and corroborative evidence established that commercial production had commenced before the prescribed cutoff date, so exemption under Notification No. 50/2003-CE could not be denied on a presumptive departmental view. The Tribunal relied on the department&#039;s own acknowledgement of purchase and use of semi-finished shells, together with invoices, transport documents, VAT/CST returns, and the assessee&#039;s intimation of commencement of production. It also noted that the verification was not carried out in regular procedure and that adverse inference was drawn without adequate evidence. The denial of exemption was therefore unsustainable, and the resulting demand, interest, and penalties were set aside.</description>
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