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    <title>2005 (5) TMI 439 - CESTAT, NEW DELHI</title>
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    <description>Penalty under Rule 173Q was treated as limited by Section 11AC where duty evasion had been accepted and the duty amount was deposited before adjudication concluded. As the goods had been removed without payment of duty, but the confirmed duty was only Rs. 15,300 and had already been paid, a penalty of Rs. one lakh was held excessive and unsustainable. The penalty was restricted to the duty amount, and the excess penalty was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=116015</link>
      <description>Penalty under Rule 173Q was treated as limited by Section 11AC where duty evasion had been accepted and the duty amount was deposited before adjudication concluded. As the goods had been removed without payment of duty, but the confirmed duty was only Rs. 15,300 and had already been paid, a penalty of Rs. one lakh was held excessive and unsustainable. The penalty was restricted to the duty amount, and the excess penalty was set aside.</description>
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