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    <title>2010 (7) TMI 329 - BOMBAY HIGH COURT</title>
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    <description>Penalty under Rule 173Q was held unsustainable where the show cause notice did not plead the essential ingredients of fraud, wilful mis-statement, collusion or suppression of facts with intent to evade duty. The Revenue could not rely on a bare or isolated allegation to invoke Rule 57-I, and the Tribunal&#039;s finding that the declared obsolete goods were not removed without payment of duty, and that duty had in fact been paid on removal, was treated as a reasonable factual view. On that basis, the penalty deletion was maintained and the Revenue&#039;s challenge failed.</description>
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    <pubDate>Tue, 27 Jul 2010 00:00:00 +0530</pubDate>
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      <title>2010 (7) TMI 329 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=201758</link>
      <description>Penalty under Rule 173Q was held unsustainable where the show cause notice did not plead the essential ingredients of fraud, wilful mis-statement, collusion or suppression of facts with intent to evade duty. The Revenue could not rely on a bare or isolated allegation to invoke Rule 57-I, and the Tribunal&#039;s finding that the declared obsolete goods were not removed without payment of duty, and that duty had in fact been paid on removal, was treated as a reasonable factual view. On that basis, the penalty deletion was maintained and the Revenue&#039;s challenge failed.</description>
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      <pubDate>Tue, 27 Jul 2010 00:00:00 +0530</pubDate>
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