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    <title>2026 (9) TMI 409 - CESTAT NEW DELHI</title>
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    <description>Penalty for abetting clandestine removal under Rule 26 of the Central Excise Rules, 2002 requires proof that the goods were liable to confiscation. Although an opportunity to cross-examine persons whose statements were relied on had been provided and was not used, recovery of a diary and notepad did not establish the truth of their contents. In the absence of affirmative corroboration of unaccounted manufacture, raw-material procurement, transport, clearance, buyers, or unaccounted consideration, clandestine removal was not established. As the allegedly purchased goods were not proved liable to confiscation, no Rule 26 penalty was imposable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=798383</link>
      <description>Penalty for abetting clandestine removal under Rule 26 of the Central Excise Rules, 2002 requires proof that the goods were liable to confiscation. Although an opportunity to cross-examine persons whose statements were relied on had been provided and was not used, recovery of a diary and notepad did not establish the truth of their contents. In the absence of affirmative corroboration of unaccounted manufacture, raw-material procurement, transport, clearance, buyers, or unaccounted consideration, clandestine removal was not established. As the allegedly purchased goods were not proved liable to confiscation, no Rule 26 penalty was imposable.</description>
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