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    <title>2005 (8) TMI 148 - CESTAT, MUMBAI</title>
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    <description>Unretracted inculpatory admission, corroborated by a seized notebook recovered from the director&#039;s office and contemporaneous payment at detection, was treated as sufficient to establish clandestine removal of excisable goods. The absence of buyer-wise statements did not defeat the finding where the clearances were admitted as open-market sales, and the duty demand against the manufacturing unit was sustained. Pre-notice payment of duty did not erase the underlying clandestine removal, but it was taken as a mitigating factor for penalty quantification. The manufacturing unit&#039;s penalty was reduced, while the director&#039;s separate personal penalty was set aside.</description>
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    <pubDate>Fri, 12 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 148 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=54149</link>
      <description>Unretracted inculpatory admission, corroborated by a seized notebook recovered from the director&#039;s office and contemporaneous payment at detection, was treated as sufficient to establish clandestine removal of excisable goods. The absence of buyer-wise statements did not defeat the finding where the clearances were admitted as open-market sales, and the duty demand against the manufacturing unit was sustained. Pre-notice payment of duty did not erase the underlying clandestine removal, but it was taken as a mitigating factor for penalty quantification. The manufacturing unit&#039;s penalty was reduced, while the director&#039;s separate personal penalty was set aside.</description>
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