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    <title>2018 (10) TMI 877 - CESTAT CHANDIGARH</title>
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    <description>A demand denying area-based exemption and refund could not stand where the Revenue relied mainly on a third-party investigation at suppliers&#039; end, while contemporaneous records showed truck movement through check posts, entry and exit confirmations, departmental and other verifications, and ongoing manufacturing activity. On that record, the alleged non-receipt of inputs and absence of manufacture was not established. The principle applied was that excise findings must rest on the totality of evidence, and a presumption unsupported by concrete material from the assessee&#039;s side is insufficient to dislodge entitlement to exemption. The appellant was therefore held entitled to Notification No. 56/2002-CE and consequential refund relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=368911</link>
      <description>A demand denying area-based exemption and refund could not stand where the Revenue relied mainly on a third-party investigation at suppliers&#039; end, while contemporaneous records showed truck movement through check posts, entry and exit confirmations, departmental and other verifications, and ongoing manufacturing activity. On that record, the alleged non-receipt of inputs and absence of manufacture was not established. The principle applied was that excise findings must rest on the totality of evidence, and a presumption unsupported by concrete material from the assessee&#039;s side is insufficient to dislodge entitlement to exemption. The appellant was therefore held entitled to Notification No. 56/2002-CE and consequential refund relief.</description>
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