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    <title>2004 (5) TMI 174 - CESTAT, MUMBAI</title>
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    <description>Imported HDPE used in a trial run was held not liable to excise duty because the converted material remained in mixed form and its marketability was not established; mere transformation during testing did not satisfy the test of manufacture. The alleged non-accountal in the bonded store room was treated as a technical lapse within licensed premises, with no proof of intent to evade duty or clandestine removal, so confiscation was not justified and the penalty fell with it. The demand, confiscation, and penalty were set aside.</description>
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    <pubDate>Fri, 21 May 2004 00:00:00 +0530</pubDate>
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      <title>2004 (5) TMI 174 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=53034</link>
      <description>Imported HDPE used in a trial run was held not liable to excise duty because the converted material remained in mixed form and its marketability was not established; mere transformation during testing did not satisfy the test of manufacture. The alleged non-accountal in the bonded store room was treated as a technical lapse within licensed premises, with no proof of intent to evade duty or clandestine removal, so confiscation was not justified and the penalty fell with it. The demand, confiscation, and penalty were set aside.</description>
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      <pubDate>Fri, 21 May 2004 00:00:00 +0530</pubDate>
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