https://www.taxtmi.com/caselaws?id=447485 CESTAT Mumbai allowed the appeal of a 100% EOU against recovery of customs duty, central excise duty, interest and penalty for alleged diversion of PVC resin. The tribunal held that standard input output norms (SION) cannot be stretched to presume misuse of exemption without evidence of actual diversion. Recovery of duty for non-conformity with SION on post-procurement evaluation requires mathematical precision not inherent in the norms. The Commissioner failed to prove that PVC resin was diverted to unauthorized users or used excessively beyond prescribed limits. No valid grounds existed for duty recovery. en-us Fri, 22 Dec 2023 00:00:00 +0530 Thu, 28 Dec 2023 10:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=447485 CESTAT Mumbai allowed the appeal of a 100% EOU against recovery of customs duty, central excise duty, interest and penalty for alleged diversion of PVC resin. The tribunal held that standard input output norms (SION) cannot be stretched to presume misuse of exemption without evidence of actual diversion. Recovery of duty for non-conformity with SION on post-procurement evaluation requires mathematical precision not inherent in the norms. The Commissioner failed to prove that PVC resin was diverted to unauthorized users or used excessively beyond prescribed limits. No valid grounds existed for duty recovery. Case-Laws Customs Fri, 22 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=447485