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    <title>2010 (9) TMI 422 - GUJARAT HIGH COURT</title>
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    <description>The HC dismissed the Revenue&#039;s appeals, affirming the Tribunal&#039;s finding that penalty under Rule 25 C.E. Rules, 2002 could not be imposed because the statutory ingredients of Section 11AC (non-levy, non-payment, short-levy/short-payment or fraud/collusion/willful misstatement/suppression) were not made out. Duty was belatedly paid with interest due to financial stringency, showing no intent to evade. The Tribunal rightly confined penalty to Rs.5,000 under Rule 27 in each matter. All five appeals were dismissed with no order as to costs.</description>
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    <pubDate>Thu, 16 Sep 2010 00:00:00 +0530</pubDate>
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      <title>2010 (9) TMI 422 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=202981</link>
      <description>The HC dismissed the Revenue&#039;s appeals, affirming the Tribunal&#039;s finding that penalty under Rule 25 C.E. Rules, 2002 could not be imposed because the statutory ingredients of Section 11AC (non-levy, non-payment, short-levy/short-payment or fraud/collusion/willful misstatement/suppression) were not made out. Duty was belatedly paid with interest due to financial stringency, showing no intent to evade. The Tribunal rightly confined penalty to Rs.5,000 under Rule 27 in each matter. All five appeals were dismissed with no order as to costs.</description>
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