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    <title>2008 (2) TMI 747 - CESTAT, NEW DELHI</title>
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    <description>Suppression of facts with intent to evade duty was found to justify penalty under Section 11AC of the Central Excise Act, 1944. The record showed that goods were cleared under regular challans and invoices and that the transactions were reflected in the assessee&#039;s accounts, but the appellate view that misdeclaration was established merely because the goods were sold under a brand name was not accepted. In the overall factual setting, the earlier deposit of duty and interest, together with the recorded dealings, supported the conclusion that the ingredients for penalty were attracted. The penalty was held sustainable and the adjudication order was restored.</description>
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    <pubDate>Wed, 06 Feb 2008 00:00:00 +0530</pubDate>
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      <title>2008 (2) TMI 747 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=123518</link>
      <description>Suppression of facts with intent to evade duty was found to justify penalty under Section 11AC of the Central Excise Act, 1944. The record showed that goods were cleared under regular challans and invoices and that the transactions were reflected in the assessee&#039;s accounts, but the appellate view that misdeclaration was established merely because the goods were sold under a brand name was not accepted. In the overall factual setting, the earlier deposit of duty and interest, together with the recorded dealings, supported the conclusion that the ingredients for penalty were attracted. The penalty was held sustainable and the adjudication order was restored.</description>
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      <pubDate>Wed, 06 Feb 2008 00:00:00 +0530</pubDate>
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