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    <title>2010 (2) TMI 221 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under the Central Excise law was held inapplicable where duty payment by cheque failed due to dishonour, but the assessee deposited the duty with interest immediately on learning of the default. The Tribunal treated the non-payment as a bona fide mistake and found no intent to evade duty, even though removal had occurred without payment under the excise rules. The High Court accepted these findings as factual, held that no substantial question of law arose, and upheld deletion of the penalty.</description>
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      <description>Penalty under the Central Excise law was held inapplicable where duty payment by cheque failed due to dishonour, but the assessee deposited the duty with interest immediately on learning of the default. The Tribunal treated the non-payment as a bona fide mistake and found no intent to evade duty, even though removal had occurred without payment under the excise rules. The High Court accepted these findings as factual, held that no substantial question of law arose, and upheld deletion of the penalty.</description>
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