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    <title>2004 (12) TMI 279 - CESTAT, MUMBAI</title>
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    <description>Clandestine removal allegations must be supported by reliable, corroborative evidence directly linking the assessee to unaccounted manufacture and clearance; common or third-party records and transporter material, without such linkage, are insufficient, so the duty demand was set aside. Modvat credit cannot be denied merely because inputs moved between units of the same company where duty-paid inputs were received and used; the disallowance and recovery were therefore unsustainable. Once the duty and credit findings failed, consequential penalties and interest also fell, and the penalties under the cited rules were set aside.</description>
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    <pubDate>Fri, 17 Dec 2004 00:00:00 +0530</pubDate>
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      <title>2004 (12) TMI 279 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=53752</link>
      <description>Clandestine removal allegations must be supported by reliable, corroborative evidence directly linking the assessee to unaccounted manufacture and clearance; common or third-party records and transporter material, without such linkage, are insufficient, so the duty demand was set aside. Modvat credit cannot be denied merely because inputs moved between units of the same company where duty-paid inputs were received and used; the disallowance and recovery were therefore unsustainable. Once the duty and credit findings failed, consequential penalties and interest also fell, and the penalties under the cited rules were set aside.</description>
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      <pubDate>Fri, 17 Dec 2004 00:00:00 +0530</pubDate>
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