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    <title>2008 (7) TMI 768 - CESTAT, BANGALORE</title>
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    <description>Penalty under Section 11AC of the Central Excise Act, 1944 and Rule 25 of the Central Excise Rules, 2002 was held not leviable because the assessee had a bona fide doubt on valuation of goods cleared from depot and consignment agent premises, and no suppression or culpable intent was established. Interest on delayed payment of differential duty was sustained as a statutory consequence of short payment on the date of clearance, and later payment of the differential duty did not wipe out the accrued interest liability. The assessee therefore succeeded only on the penalty issue, while the interest demand remained enforceable.</description>
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    <pubDate>Mon, 28 Jul 2008 00:00:00 +0530</pubDate>
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      <title>2008 (7) TMI 768 - CESTAT, BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=124420</link>
      <description>Penalty under Section 11AC of the Central Excise Act, 1944 and Rule 25 of the Central Excise Rules, 2002 was held not leviable because the assessee had a bona fide doubt on valuation of goods cleared from depot and consignment agent premises, and no suppression or culpable intent was established. Interest on delayed payment of differential duty was sustained as a statutory consequence of short payment on the date of clearance, and later payment of the differential duty did not wipe out the accrued interest liability. The assessee therefore succeeded only on the penalty issue, while the interest demand remained enforceable.</description>
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      <pubDate>Mon, 28 Jul 2008 00:00:00 +0530</pubDate>
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