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    <title>2019 (1) TMI 1101 - CESTAT ALLAHABAD</title>
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    <description>Allegations of clandestine manufacture and removal must be proved by positive, tangible and corroborative evidence; suspicion, inference from third-party statements, or unsupported assumptions are insufficient. On the facts noted, there was no proof of transport, actual use of imported components, buyer identification, or admission by responsible officers, and stock records were in order, so the duty demand on clandestine receipt and use of imported PCBs was not sustainable. The separate allegation of paper clearances through M/s. Shivam Enterprises also lacked evidence of non-manufacture, diversion, or non-receipt by buyers, so the related duty demand and connected penalties were likewise set aside.</description>
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      <title>2019 (1) TMI 1101 - CESTAT ALLAHABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=373936</link>
      <description>Allegations of clandestine manufacture and removal must be proved by positive, tangible and corroborative evidence; suspicion, inference from third-party statements, or unsupported assumptions are insufficient. On the facts noted, there was no proof of transport, actual use of imported components, buyer identification, or admission by responsible officers, and stock records were in order, so the duty demand on clandestine receipt and use of imported PCBs was not sustainable. The separate allegation of paper clearances through M/s. Shivam Enterprises also lacked evidence of non-manufacture, diversion, or non-receipt by buyers, so the related duty demand and connected penalties were likewise set aside.</description>
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