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    <title>2004 (12) TMI 606 - CESTAT, NEW DELHI</title>
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    <description>Under the compounded levy scheme, delayed payment of duty was treated as an undisputed default, and the commentary notes that Rule 96ZO was applied as mandatory in nature. On that basis, total deletion of penalty was considered unsustainable once default was established, although the quantum could still be moderated having regard to the facts, including subsequent payment of duty in full. The practical effect described is that penalty could not be wiped out altogether, but could be reduced instead of being imposed at the full amount.</description>
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      <link>https://www.taxtmi.com/caselaws?id=116090</link>
      <description>Under the compounded levy scheme, delayed payment of duty was treated as an undisputed default, and the commentary notes that Rule 96ZO was applied as mandatory in nature. On that basis, total deletion of penalty was considered unsustainable once default was established, although the quantum could still be moderated having regard to the facts, including subsequent payment of duty in full. The practical effect described is that penalty could not be wiped out altogether, but could be reduced instead of being imposed at the full amount.</description>
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