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    <title>2019 (1) TMI 1378 - CESTAT MUMBAI</title>
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    <description>Where returned goods are brought back under Rule 16(1) and re-cleared without any process amounting to manufacture, the assessee must reverse the credit originally taken on first clearance rather than adopt the duty rate prevailing on the date of re-removal. On the facts noted, no material showed manufacture, so the demand for differential credit and interest was sustained. Penalty equal to the duty or credit was held unwarranted because the goods were cleared on duty, the dispute related to the normal period, and the differential duty with interest had already been discharged; the penalty was therefore deleted.</description>
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    <pubDate>Wed, 28 Nov 2018 00:00:00 +0530</pubDate>
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      <title>2019 (1) TMI 1378 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=374213</link>
      <description>Where returned goods are brought back under Rule 16(1) and re-cleared without any process amounting to manufacture, the assessee must reverse the credit originally taken on first clearance rather than adopt the duty rate prevailing on the date of re-removal. On the facts noted, no material showed manufacture, so the demand for differential credit and interest was sustained. Penalty equal to the duty or credit was held unwarranted because the goods were cleared on duty, the dispute related to the normal period, and the differential duty with interest had already been discharged; the penalty was therefore deleted.</description>
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      <pubDate>Wed, 28 Nov 2018 00:00:00 +0530</pubDate>
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