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    <title>2026 (5) TMI 24 - CESTAT NEW DELHI</title>
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    <description>Duty demand on imported marble blocks failed because the alleged diversion was not proved by admissible evidence: goods found in stock at the 100% EOU were shown to remain within the unit, while the remaining inference of diversion rested on internet material and third-party statements that could not be relied on without section 138B compliance. Penalty under section 114A was also unsustainable because the case involved, at most, an alleged post-import breach of exemption conditions, not collusion, wilful misstatement, or suppression at the time of import. Penalties under section 114AA likewise failed because no knowing or intentional false declaration or document was established. The impugned order was set aside in full.</description>
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      <title>2026 (5) TMI 24 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=790822</link>
      <description>Duty demand on imported marble blocks failed because the alleged diversion was not proved by admissible evidence: goods found in stock at the 100% EOU were shown to remain within the unit, while the remaining inference of diversion rested on internet material and third-party statements that could not be relied on without section 138B compliance. Penalty under section 114A was also unsustainable because the case involved, at most, an alleged post-import breach of exemption conditions, not collusion, wilful misstatement, or suppression at the time of import. Penalties under section 114AA likewise failed because no knowing or intentional false declaration or document was established. The impugned order was set aside in full.</description>
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