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    <title>2023 (7) TMI 424 - CESTAT KOLKATA</title>
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    <description>A demand based solely on a minor shortage of finished goods was rejected because stock verification and weighment discrepancies were not supported by corroborative evidence of clandestine removal; the shortage was treated as inferential and the demand set aside. Cenvat credit on disputed pig iron consignments was denied only for nine admitted consignments already reversed by the assessee, while the department failed to prove non-receipt or alternative procurement for the balance. A demand built on an earlier input-output ratio was also dropped because no statutory production norm or binding ratio applied, and estimated yield alone could not establish clandestine production or clearance. Penalty relief followed, with only the limited admitted demand surviving.</description>
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    <pubDate>Tue, 04 Jul 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=440151</link>
      <description>A demand based solely on a minor shortage of finished goods was rejected because stock verification and weighment discrepancies were not supported by corroborative evidence of clandestine removal; the shortage was treated as inferential and the demand set aside. Cenvat credit on disputed pig iron consignments was denied only for nine admitted consignments already reversed by the assessee, while the department failed to prove non-receipt or alternative procurement for the balance. A demand built on an earlier input-output ratio was also dropped because no statutory production norm or binding ratio applied, and estimated yield alone could not establish clandestine production or clearance. Penalty relief followed, with only the limited admitted demand surviving.</description>
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