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    <title>2018 (12) TMI 1234 - CESTAT CHANDIGARH</title>
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    <description>Recovery of duty or denial of refund cannot rest on uncorroborated allegations of non-manufacture when contemporaneous records, departmental verification, factory visits, DG set logs and pollution-control inspections support actual production. On that evidence, the assessee was treated as a manufacturer during the relevant period and entitled to refund under Notification No. 56/2002-CE. The Tribunal also rejected contingent undervaluation demands, holding that a tax demand cannot be sustained on a future event and that valuation allegations were inconsistent with the no-manufacture case, especially where relationship, mutuality of interest and the basis for valuation rules were not established.</description>
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      <description>Recovery of duty or denial of refund cannot rest on uncorroborated allegations of non-manufacture when contemporaneous records, departmental verification, factory visits, DG set logs and pollution-control inspections support actual production. On that evidence, the assessee was treated as a manufacturer during the relevant period and entitled to refund under Notification No. 56/2002-CE. The Tribunal also rejected contingent undervaluation demands, holding that a tax demand cannot be sustained on a future event and that valuation allegations were inconsistent with the no-manufacture case, especially where relationship, mutuality of interest and the basis for valuation rules were not established.</description>
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