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    <title>2008 (12) TMI 487 - CESTAT, CHENNAI</title>
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    <description>Penalty under Rule 25 of the Central Excise Rules, 2002 is not attracted merely because excisable goods are classified under a disputed heading where the assessee has disclosed its classification to the department and paid duty accordingly. The rule applies only where the statutory ingredients are proved, including removal in contravention of the rules, failure to account for goods, manufacture without registration, or another contravention coupled with intent to evade duty. On the stated facts, no such ingredients were established, so confiscation and penalty were unwarranted.</description>
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      <description>Penalty under Rule 25 of the Central Excise Rules, 2002 is not attracted merely because excisable goods are classified under a disputed heading where the assessee has disclosed its classification to the department and paid duty accordingly. The rule applies only where the statutory ingredients are proved, including removal in contravention of the rules, failure to account for goods, manufacture without registration, or another contravention coupled with intent to evade duty. On the stated facts, no such ingredients were established, so confiscation and penalty were unwarranted.</description>
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      <pubDate>Mon, 15 Dec 2008 00:00:00 +0530</pubDate>
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