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Central Excise - Highlights / Catch Notes

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Clandestine removal - Exemptions can be conditional or absolute, ...


Strict Interpretation of Exemptions in Clandestine Removal Cases: Burden of Proof on Accused to Claim Exemption.

January 16, 2019

Case Laws     Central Excise     HC

Clandestine removal - Exemptions can be conditional or absolute, yet it is an exemption. Therefore, strict interpretation is to be given and a person, who is charged of clandestine removal with sufficient evidence has to establish his innocence, having failed to discharge the burden cast on them and cannot be heard to say that despite all the charges against them, they are still entitled for exemption.

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