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    <title>2018 (2) TMI 244 - CESTAT HYDERABAD</title>
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    <description>Shortages found in a duty-free warehouse were treated as giving rise to customs duty liability where the assessee produced no reliable evidence that the goods were later reconciled, duty-paid, or otherwise accounted for. The analysis states that a bare assertion could not shift the burden to the Department, and that interest followed as a consequence of the statutory duty liability. It also notes that the licensee remained responsible for custody and accounting of the warehoused goods, and that manipulation of stock and account records by employees supported penalty. The earlier proceedings were said to concern different excess goods, so the penalty was not treated as a second penalty for the same goods.</description>
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      <link>https://www.taxtmi.com/caselaws?id=354823</link>
      <description>Shortages found in a duty-free warehouse were treated as giving rise to customs duty liability where the assessee produced no reliable evidence that the goods were later reconciled, duty-paid, or otherwise accounted for. The analysis states that a bare assertion could not shift the burden to the Department, and that interest followed as a consequence of the statutory duty liability. It also notes that the licensee remained responsible for custody and accounting of the warehoused goods, and that manipulation of stock and account records by employees supported penalty. The earlier proceedings were said to concern different excess goods, so the penalty was not treated as a second penalty for the same goods.</description>
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