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    <title>2000 (12) TMI 191 - CEGAT, KOLKATA</title>
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    <description>Rule 57D, as amended, was applied to treat spillage, pipeline loss, handling loss and evaporation of base oil after tank discharge as losses occurring in or in relation to manufacture, so Modvat credit could not be denied merely because the input did not survive as identifiable waste or by-product. The demand was also held time-barred because the assessee maintained statutory records and there was no evidence of suppression, fraud, collusion or wilful misstatement; omission to note wastage in RG-23A was not treated as suppression. The assessee therefore succeeded on merits and limitation, and the disallowance of credit, penalty and interest was unsustainable.</description>
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    <pubDate>Mon, 11 Dec 2000 00:00:00 +0530</pubDate>
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      <title>2000 (12) TMI 191 - CEGAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=50310</link>
      <description>Rule 57D, as amended, was applied to treat spillage, pipeline loss, handling loss and evaporation of base oil after tank discharge as losses occurring in or in relation to manufacture, so Modvat credit could not be denied merely because the input did not survive as identifiable waste or by-product. The demand was also held time-barred because the assessee maintained statutory records and there was no evidence of suppression, fraud, collusion or wilful misstatement; omission to note wastage in RG-23A was not treated as suppression. The assessee therefore succeeded on merits and limitation, and the disallowance of credit, penalty and interest was unsustainable.</description>
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