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    <title>2005 (1) TMI 546 - CESTAT, NEW DELHI</title>
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    <description>Under the compounded levy regime, belated payment of duty and interest after detection by the Revenue did not extinguish penalty liability, because the default continued without sufficient cause and the payment was not voluntary in the sense of an unconditional retraction. The penalty under Rule 96ZP(3)(ii) was also held liable to enhancement, as the default involved substantial unpaid duty, the assessee had retained the use of government revenue during the period of non-payment, and the reduced penalty was found disproportionate to the duty evaded. The assessee&#039;s appeal failed and the Revenue&#039;s appeal succeeded.</description>
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    <pubDate>Thu, 20 Jan 2005 00:00:00 +0530</pubDate>
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      <title>2005 (1) TMI 546 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=115893</link>
      <description>Under the compounded levy regime, belated payment of duty and interest after detection by the Revenue did not extinguish penalty liability, because the default continued without sufficient cause and the payment was not voluntary in the sense of an unconditional retraction. The penalty under Rule 96ZP(3)(ii) was also held liable to enhancement, as the default involved substantial unpaid duty, the assessee had retained the use of government revenue during the period of non-payment, and the reduced penalty was found disproportionate to the duty evaded. The assessee&#039;s appeal failed and the Revenue&#039;s appeal succeeded.</description>
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      <pubDate>Thu, 20 Jan 2005 00:00:00 +0530</pubDate>
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