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    <title>2018 (3) TMI 336 - CESTAT MUMBAI</title>
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    <description>Duty on captively consumed yarn could not be sustained because the department had neither validly made a provisional assessment under the prescribed excise procedure nor issued a show cause notice under the statutory recovery provision. An endorsement on classification lists and RT-12 returns that assessment was provisional was not enough by itself; a proper provisional assessment order and compliance with the rule were required. Recovery also had to proceed through the statutory notice mechanism, and a bond executed under interim court directions did not independently authorise demand. The demand therefore failed.</description>
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      <title>2018 (3) TMI 336 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=356633</link>
      <description>Duty on captively consumed yarn could not be sustained because the department had neither validly made a provisional assessment under the prescribed excise procedure nor issued a show cause notice under the statutory recovery provision. An endorsement on classification lists and RT-12 returns that assessment was provisional was not enough by itself; a proper provisional assessment order and compliance with the rule were required. Recovery also had to proceed through the statutory notice mechanism, and a bond executed under interim court directions did not independently authorise demand. The demand therefore failed.</description>
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      <pubDate>Fri, 09 Feb 2018 00:00:00 +0530</pubDate>
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