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2012 (4) TMI 432 - HC - Central ExciseClandestine removal - computation of quantity – assessee contested that the quantity computed by the Tribunal is based upon surmises and conjectures and there is no concrete evidence or material to hold that 768.03 Mt. or resin CP172SG was clandestinely sold – Held that:- Statement of Director present at the time of search admitted to clandestine removal and sale of resin CP172SG and also stated that he had partly used and consumed the resin in the manufacture of Filler Cords and PVC Tapes - the aforesaid quantum of 768.03 Mt., has been calculated by the Tribunal on the basis of the quantity purchased, less the consumption for production of PVC compound as recorded in the records/books. The Tribunal has given benefit of doubt to the Appellant and other appellants on use of resin CP172SG in the manufacture of PVC Tapes to the extent of 230 Mt - under Rule 15(1) of CCR, 2004, any input or capital goods, in respect of which cenvat credit has been taken wrongly, are liable for confiscation, so the illicitly diverted CP1725Sg resin was liable for confiscation – appellant with other parties who had dealt with the illicitly diverted resin knowingly are liable for confiscation and penalty under Rule 26 of CER, 2002 - upheld imposition of penalty - against assessee.
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