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    <title>2005 (6) TMI 300 - CESTAT, NEW DELHI</title>
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    <description>Penalty under Rule 209A of the Central Excise Rules requires proof that the person acquired or possessed excisable goods knowing, or having reason to believe, that they were liable to confiscation. The record contained no material showing that the dealers knew the goods were non-duty paid or otherwise liable to confiscation, and knowledge could not be presumed merely from their status as dealers. Penalty was therefore not sustainable and was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=115221</link>
      <description>Penalty under Rule 209A of the Central Excise Rules requires proof that the person acquired or possessed excisable goods knowing, or having reason to believe, that they were liable to confiscation. The record contained no material showing that the dealers knew the goods were non-duty paid or otherwise liable to confiscation, and knowledge could not be presumed merely from their status as dealers. Penalty was therefore not sustainable and was set aside.</description>
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