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2016 (5) TMI 444 - ALLAHABAD HIGH COURT

2016 (5) TMI 444 - ALLAHABAD HIGH COURT - 2016 (333) E.L.T. 385 (All.) - Clandestine removal of goods - Evasion of Central Excise duty - Held that:- it is found that the goods removed from the Mohan Nagar factory was sent to three units of the appellant and the appellant had three other units have not been disputed. Therefore, it cannot be said that there was a case of clandestine removal of the goods. - Decided against the revenue - Central Excise Appeal No. 203 of 2012 with C.E.A. Nos. 701, .....

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han Nagar, Ghaziabad was transferred to three units at Delhi is wholly perverse, without any evidence on record and based on surmises and presumption? (ii) Whether, receipt of raw tobacco in the factory for manufacture of final product at Mohan Nagar, Ghaziabad established on record and there being absolutely no evidence of alleged transfer of substantial quantity of raw tobacco to three units at Delhi, the Appellate Tribunal was justified to allow the appeal of the respondents on the negative g .....

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