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    <title>2002 (11) TMI 699 - CEGAT, MUMBAI</title>
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    <description>Where the capacity-based excise scheme did not prohibit self-assessment and self-payment during pendency of annual capacity determination, the assessee&#039;s voluntary payment of duty and later correction of an arithmetical short payment did not amount to a contravention attracting penalty. The Tribunal found no prescribed procedure requiring the assessee to withhold payment until formal determination, and held that the short payment, once discovered and made good, did not justify penal action. Penalty was therefore unsustainable and was set aside.</description>
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    <pubDate>Fri, 22 Nov 2002 00:00:00 +0530</pubDate>
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      <title>2002 (11) TMI 699 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=108760</link>
      <description>Where the capacity-based excise scheme did not prohibit self-assessment and self-payment during pendency of annual capacity determination, the assessee&#039;s voluntary payment of duty and later correction of an arithmetical short payment did not amount to a contravention attracting penalty. The Tribunal found no prescribed procedure requiring the assessee to withhold payment until formal determination, and held that the short payment, once discovered and made good, did not justify penal action. Penalty was therefore unsustainable and was set aside.</description>
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      <pubDate>Fri, 22 Nov 2002 00:00:00 +0530</pubDate>
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