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    <title>2017 (3) TMI 1204 - CESTAT NEW DELHI</title>
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    <description>Excise demands and confiscation cannot rest on theoretical stock reconciliation alone where the manufacturing process involves open-yard fabrication, mixed scrap and work-in-progress, and no clear identification of excisable goods is made. On that basis, confiscation of alleged excess work-in-progress, duty demands for alleged shortages, and denial of Cenvat credit were held unsustainable in the absence of corroborative evidence of diversion or clandestine removal. Input services used to construct a labour dormitory or rest facility within factory premises were treated as having sufficient nexus with business activity, so credit was admissible. A demand relating to alleged clearance of M.S. plates, and consequential penalties, also failed for lack of supporting evidence.</description>
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    <pubDate>Fri, 17 Feb 2017 00:00:00 +0530</pubDate>
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      <title>2017 (3) TMI 1204 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=340701</link>
      <description>Excise demands and confiscation cannot rest on theoretical stock reconciliation alone where the manufacturing process involves open-yard fabrication, mixed scrap and work-in-progress, and no clear identification of excisable goods is made. On that basis, confiscation of alleged excess work-in-progress, duty demands for alleged shortages, and denial of Cenvat credit were held unsustainable in the absence of corroborative evidence of diversion or clandestine removal. Input services used to construct a labour dormitory or rest facility within factory premises were treated as having sufficient nexus with business activity, so credit was admissible. A demand relating to alleged clearance of M.S. plates, and consequential penalties, also failed for lack of supporting evidence.</description>
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      <pubDate>Fri, 17 Feb 2017 00:00:00 +0530</pubDate>
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