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    <title>2001 (1) TMI 643 - CEGAT, NEW DELHI</title>
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    <description>A penal provision cannot be applied retrospectively to acts completed before its commencement, so Section 11AC penalty was held inapplicable for the earlier period and was set aside. The duty demand based on clandestine removal was sustained on the basis of concurrent findings and admissions. The separate penalty under Rule 173Q was maintained in principle but reduced because of the surrounding circumstances, including prior deposit and the assessee&#039;s financial position, as the original quantum was considered excessive. The result was only partial relief to the assessee, with duty confirmed, Section 11AC penalty annulled, and Rule 173Q penalty substantially moderated.</description>
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    <pubDate>Thu, 04 Jan 2001 00:00:00 +0530</pubDate>
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      <title>2001 (1) TMI 643 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=98422</link>
      <description>A penal provision cannot be applied retrospectively to acts completed before its commencement, so Section 11AC penalty was held inapplicable for the earlier period and was set aside. The duty demand based on clandestine removal was sustained on the basis of concurrent findings and admissions. The separate penalty under Rule 173Q was maintained in principle but reduced because of the surrounding circumstances, including prior deposit and the assessee&#039;s financial position, as the original quantum was considered excessive. The result was only partial relief to the assessee, with duty confirmed, Section 11AC penalty annulled, and Rule 173Q penalty substantially moderated.</description>
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      <pubDate>Thu, 04 Jan 2001 00:00:00 +0530</pubDate>
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