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Duty Abatement Justified: No Evidence of Machine Operation During 15-Day Closure Despite Documentation Issues by Central Excise.

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Full Text of the Document

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....Abatement of duty - closure of the production activity at the unit was not for a continuous period exceeding 15 days - In absence of any allegations by the department and any material on record suggesting that despite sealing the assessee operated the machine, it would not be permissible to withhold the abatement of duty only on the ground that the Superintendent of Central Excise did not draw proper proceedings and did not elaborately record that the sealing was done in such a manner that the machine could not be operated. - HC....