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    <title>2026 (5) TMI 1442 - CESTAT KOLKATA</title>
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    <description>Third-party notebooks and loose papers, without independent corroboration, were held insufficient to sustain clandestine removal allegations; the Tribunal found no supporting evidence such as stock discrepancy, excess raw material procurement, buyer or transporter evidence, electricity consumption data, or proof of flow back of funds. It further held that statements recorded during investigation could not be relied on in adjudication unless the statutory procedure was followed and the assessee was given an opportunity for cross-examination. On that basis, the duty demand and consequential penalties were set aside.</description>
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      <title>2026 (5) TMI 1442 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=792240</link>
      <description>Third-party notebooks and loose papers, without independent corroboration, were held insufficient to sustain clandestine removal allegations; the Tribunal found no supporting evidence such as stock discrepancy, excess raw material procurement, buyer or transporter evidence, electricity consumption data, or proof of flow back of funds. It further held that statements recorded during investigation could not be relied on in adjudication unless the statutory procedure was followed and the assessee was given an opportunity for cross-examination. On that basis, the duty demand and consequential penalties were set aside.</description>
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