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2016 (7) TMI 223 - CESTAT NEW DELHI

2016 (7) TMI 223 - CESTAT NEW DELHI - TMI - Demand of duty for non-export of imported marble after processing - Revenue alleged that There was discrepancy of imported marbles noticed on physical examination. Appellant did not maintain properly. There was diversion of imported material and indigenous material were only exported. - Held that:- Revenue found stock discrepancy, that went against appellant. When the probability is weighed, the appellant failed to prove leading cogent evidence that ex .....

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ial Member and Mr. B. Ravichandran, Technical Member Shri Bipin Garg, Advocate for the appellants Shri K. Poddar, A.R. for the Respondent ORDER Ld. Counsel submits that the imported goods after being polished have been exported. There was also no discrepancy in the stock record. Revenue merely alleges that the marbles imported did not go back in the course of export. Exports have been made under bond. Neither redemption fine is imposable nor also penalty be imposed. 2. Ld. A. R. says that conduc .....

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ch was gathered against the appellant to made allegation in the show cause notice. Imported materials were found short in the course of investigation. They also noticed that exports of the goods made were out of indigenous raw material. So also breach of import condition resulted in loss of revenue. 5. No cogent or credible evidence was shown to reconcile stock discrepancy found by investigation. Appellant failed to show the exports were made out of foreign marbles imported. The stock inventory .....

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lant. Revenue found stock discrepancy, that went against appellant. When the probability is weighed, the appellant failed to prove leading cogent evidence that exports were made out of the foreign materials imported. Physical verification results demonstrated discrepancy of stock which was acknowledges by appellant. Revenue need not prove where the discrepant goods have gone. It is assessee to explain the shortfall. But failed to do so. Such material fact cannot be brushed aside under pulpable p .....

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