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    <title>2019 (7) TMI 824 - CESTAT AHMEDABAD</title>
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    <description>Duty-free raw material found unaccounted could not be assessed under the proviso to Section 3 of the Central Excise Act, 1944 because that provision applies to goods manufactured or produced by a 100% EOU; recovery was confined to the duty forgone under the governing exemption notification for improper accountal or use. The limitation challenge under Section 11A failed because departmental knowledge of non-accountal, by itself, did not defeat invocation of the extended period where the statutory conditions were otherwise met. Penalty under Section 11AC was to be re-quantified in line with the revised duty liability, while the director&#039;s penalty under Rule 26 was sustained on the basis of his admitted role in diversion of duty-free material.</description>
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      <description>Duty-free raw material found unaccounted could not be assessed under the proviso to Section 3 of the Central Excise Act, 1944 because that provision applies to goods manufactured or produced by a 100% EOU; recovery was confined to the duty forgone under the governing exemption notification for improper accountal or use. The limitation challenge under Section 11A failed because departmental knowledge of non-accountal, by itself, did not defeat invocation of the extended period where the statutory conditions were otherwise met. Penalty under Section 11AC was to be re-quantified in line with the revised duty liability, while the director&#039;s penalty under Rule 26 was sustained on the basis of his admitted role in diversion of duty-free material.</description>
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