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    <title>2015 (1) TMI 584 - CHHATTISGARH HIGH COURT</title>
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    <description>Penalty for duty evasion under Section 11AC was treated as dependent on established concealment and non-disclosure of the escalation clause, escalated bills, and receipt of the higher price; voluntary payment after objection did not remove the liability to penalty. The penal provision, however, was held to operate only from 28-9-1996 and could not be applied retrospectively to any earlier period. Accordingly, penalty was confined to the duty short-paid after commencement of Section 11AC, not to the entire earlier period of short payment.</description>
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      <description>Penalty for duty evasion under Section 11AC was treated as dependent on established concealment and non-disclosure of the escalation clause, escalated bills, and receipt of the higher price; voluntary payment after objection did not remove the liability to penalty. The penal provision, however, was held to operate only from 28-9-1996 and could not be applied retrospectively to any earlier period. Accordingly, penalty was confined to the duty short-paid after commencement of Section 11AC, not to the entire earlier period of short payment.</description>
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