https://www.taxtmi.com/caselaws?id=53653 Duty demands for alleged excess scrap, excessive process losses, undervaluation and improper scrap clearances require concrete evidence of clandestine removal, actual higher consideration or wrongful credit availment. Disputed invisible-loss percentages alone do not establish unaccounted clearances, particularly where process losses can vary by material, handling and manufacturing stage. Market quotations indicating potentially higher prices do not prove actual undervaluation without evidence of higher sale prices. Returned defective bearing rings may be sold as scrap where repair is not feasible and prescribed intimations support the transactions; isolated suspicions cannot justify a blanket demand. Without independent evidence of diverted inputs or unaccounted production, Modvat credit denial, consequential penalties and confiscation lack a sustainable basis. en-us Fri, 31 Dec 2004 00:00:00 +0530 Thu, 14 Oct 2010 14:19:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53653 Duty demands for alleged excess scrap, excessive process losses, undervaluation and improper scrap clearances require concrete evidence of clandestine removal, actual higher consideration or wrongful credit availment. Disputed invisible-loss percentages alone do not establish unaccounted clearances, particularly where process losses can vary by material, handling and manufacturing stage. Market quotations indicating potentially higher prices do not prove actual undervaluation without evidence of higher sale prices. Returned defective bearing rings may be sold as scrap where repair is not feasible and prescribed intimations support the transactions; isolated suspicions cannot justify a blanket demand. Without independent evidence of diverted inputs or unaccounted production, Modvat credit denial, consequential penalties and confiscation lack a sustainable basis. Case-Laws Central Excise Fri, 31 Dec 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53653