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    <title>2022 (11) TMI 924 - CESTAT AHMEDABAD</title>
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    <description>The Tribunal set aside the Commissioner&#039;s order, ruling in favor of the appellant, Atco Industries Ltd (AIL). It found that the Polycarbonate Containers were genuinely repaired and cleared under Rule 173H, dismissing the department&#039;s claim of them being freshly manufactured. The Tribunal also refuted the duty demand and penalties imposed by the Commissioner, highlighting flaws in the evidence presented. AIL was deemed eligible for exemption under Notification No. 5/98-CE, and confiscation of goods and property, as well as penalties, were overturned due to lack of merit. The Tribunal granted consequential relief, deeming the department&#039;s case improbable and unsupported by reliable evidence.</description>
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    <pubDate>Mon, 17 Oct 2022 00:00:00 +0530</pubDate>
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      <title>2022 (11) TMI 924 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=430500</link>
      <description>The Tribunal set aside the Commissioner&#039;s order, ruling in favor of the appellant, Atco Industries Ltd (AIL). It found that the Polycarbonate Containers were genuinely repaired and cleared under Rule 173H, dismissing the department&#039;s claim of them being freshly manufactured. The Tribunal also refuted the duty demand and penalties imposed by the Commissioner, highlighting flaws in the evidence presented. AIL was deemed eligible for exemption under Notification No. 5/98-CE, and confiscation of goods and property, as well as penalties, were overturned due to lack of merit. The Tribunal granted consequential relief, deeming the department&#039;s case improbable and unsupported by reliable evidence.</description>
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      <pubDate>Mon, 17 Oct 2022 00:00:00 +0530</pubDate>
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