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of <h1>Supreme Court dismisses special leave petition, affirms High Court decision in unique case, leaving legal question open.</h1> The Supreme Court dismissed the special leave petition, condoning the delay and affirming the correctness of the High Court's decision in the peculiar ... Penalty - even before a SCN could be issued, the respondent-assessee paid the duty involved together with interest on the duty short-paid by them - the decision in the case of THE COMMISSIONER OF CENTRAL EXCISE, VISAKHAPATNAM VERSUS M/S. TIRUPATHI FUELS PVT LTD. [2017 (6) TMI 477 - ANDHRA PRADESH HIGH COURT] contested - Held that:- The decision in the above case upheld - SLP dismissed. The Supreme Court condoned the delay and dismissed the special leave petition, stating that the High Court's decision was correct in the peculiar case. The question of law remains open. (2018 (6) TMI 1436 - SC)
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