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    <title>2012 (11) TMI 28 - CESTAT, KOLKATA</title>
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    <description>Penalty under Section 11AC of the Central Excise Act was held not imposable because the record did not establish suppression of facts with intent to evade duty. The goods had been valued on the basis of the pre-amended provision for the relevant period, while the packaging provision had already been amended, and the respondent subsequently paid the duty. The Commissioner (Appeals) had recorded cogent findings, and the Revenue failed to show any contrary material warranting interference. The order setting aside the penalty was therefore upheld in favour of the assessee.</description>
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    <pubDate>Fri, 28 Oct 2011 00:00:00 +0530</pubDate>
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      <title>2012 (11) TMI 28 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=218013</link>
      <description>Penalty under Section 11AC of the Central Excise Act was held not imposable because the record did not establish suppression of facts with intent to evade duty. The goods had been valued on the basis of the pre-amended provision for the relevant period, while the packaging provision had already been amended, and the respondent subsequently paid the duty. The Commissioner (Appeals) had recorded cogent findings, and the Revenue failed to show any contrary material warranting interference. The order setting aside the penalty was therefore upheld in favour of the assessee.</description>
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      <pubDate>Fri, 28 Oct 2011 00:00:00 +0530</pubDate>
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