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    <title>2018 (4) TMI 950 - CESTAT MUMBAI</title>
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    <description>Where excisable goods were allegedly not properly accounted for and ineligible MODVAT credit was taken, the Tribunal treated the later reversal of the disputed credit as curing the lapse because the remand required verification of sufficient credit and the duty liability had been neutralised. On that footing, and in the absence of prejudice to Revenue, confiscation and penalty under Rule 173Q were held not sustainable. The Tribunal also indicated that, on these facts, the default was remediable rather than one warranting penal action, so the confiscation and penalty were set aside.</description>
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    <pubDate>Tue, 03 Apr 2018 00:00:00 +0530</pubDate>
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      <title>2018 (4) TMI 950 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=358839</link>
      <description>Where excisable goods were allegedly not properly accounted for and ineligible MODVAT credit was taken, the Tribunal treated the later reversal of the disputed credit as curing the lapse because the remand required verification of sufficient credit and the duty liability had been neutralised. On that footing, and in the absence of prejudice to Revenue, confiscation and penalty under Rule 173Q were held not sustainable. The Tribunal also indicated that, on these facts, the default was remediable rather than one warranting penal action, so the confiscation and penalty were set aside.</description>
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      <pubDate>Tue, 03 Apr 2018 00:00:00 +0530</pubDate>
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