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    <title>2009 (11) TMI 747 - CESTAT MUMBAI</title>
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    <description>Section 11A(2B) of the Central Excise Act did not bar the show-cause notice because Section 11A(2C) made that benefit inapplicable where duty had become payable before the Finance Bill, 2001 received Presidential assent. Voluntary payment of the differential duty therefore did not prevent proposal of interest and penalty, and the interest demand was sustained. Penalty under Section 11AC was nevertheless not justified on the facts, as the assessee had followed board instructions, made duty declarations, and paid the shortfall when pointed out; the revenue-neutral character of the dispute also supported deletion of penalty. Duty and interest remained payable, but the penal consequence was set aside.</description>
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    <pubDate>Tue, 24 Nov 2009 00:00:00 +0530</pubDate>
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      <title>2009 (11) TMI 747 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=153816</link>
      <description>Section 11A(2B) of the Central Excise Act did not bar the show-cause notice because Section 11A(2C) made that benefit inapplicable where duty had become payable before the Finance Bill, 2001 received Presidential assent. Voluntary payment of the differential duty therefore did not prevent proposal of interest and penalty, and the interest demand was sustained. Penalty under Section 11AC was nevertheless not justified on the facts, as the assessee had followed board instructions, made duty declarations, and paid the shortfall when pointed out; the revenue-neutral character of the dispute also supported deletion of penalty. Duty and interest remained payable, but the penal consequence was set aside.</description>
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      <pubDate>Tue, 24 Nov 2009 00:00:00 +0530</pubDate>
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