https://www.taxtmi.com/caselaws?id=381569 Stock shortage in duty-free gold imported under an exemption notification did not, by itself, prove breach of the notification conditions where permissible wastage and recovered dust had already been accounted for. In the absence of evidence of unauthorised removal from the export processing zone, or material showing failure to secure the Development Commissioner's satisfaction on proper utilisation, the foundation for customs duty and penalty was not made out. The principle stated is that a shortage alone cannot justify demand or penalty unless the department establishes diversion or other violation of the exemption conditions. en-us Thu, 13 Jun 2019 00:00:00 +0530 Fri, 13 Mar 2020 13:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=381569 Stock shortage in duty-free gold imported under an exemption notification did not, by itself, prove breach of the notification conditions where permissible wastage and recovered dust had already been accounted for. In the absence of evidence of unauthorised removal from the export processing zone, or material showing failure to secure the Development Commissioner's satisfaction on proper utilisation, the foundation for customs duty and penalty was not made out. The principle stated is that a shortage alone cannot justify demand or penalty unless the department establishes diversion or other violation of the exemption conditions. Case-Laws Customs Thu, 13 Jun 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=381569