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    <title>2006 (12) TMI 431 - CESTAT, KOLKATA</title>
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    <description>Non-compliance with the prior-option condition in Notification No. 8/03-C.E. meant the concessional exemption could not be retained, so the assessee had to pay duty at the higher applicable rate. As the goods were cleared on duty payment and there was no allegation of clandestine removal, the Tribunal treated the matter as regularisable by payment of the differential duty with interest. The confirmed duty demand and equal penalty were set aside, and harsh penal consequences were not sustained.</description>
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