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    <title>2017 (10) TMI 796 - CESTAT AHMEDABAD</title>
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    <description>Confiscation of goods kept in the factory was held unsustainable because there was no finding of clandestine removal; mere non-updation of stock records was insufficient. The larger Cenvat credit demand was also rejected because the credit, though irregularly recorded, had been utilised to pay duty on finished goods and no corresponding duty demand was raised on those clearances, making the proposed recovery of credit, interest and penalties unsustainable. However, the smaller credit demand was upheld since the assessee could not correlate returned goods with the original duty-paid clearances, so admissibility of credit was not proved.</description>
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      <description>Confiscation of goods kept in the factory was held unsustainable because there was no finding of clandestine removal; mere non-updation of stock records was insufficient. The larger Cenvat credit demand was also rejected because the credit, though irregularly recorded, had been utilised to pay duty on finished goods and no corresponding duty demand was raised on those clearances, making the proposed recovery of credit, interest and penalties unsustainable. However, the smaller credit demand was upheld since the assessee could not correlate returned goods with the original duty-paid clearances, so admissibility of credit was not proved.</description>
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