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    <title>2010 (8) TMI 915 - CESTAT NEW DELHI</title>
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    <description>Penalty under Rule 26 of the Central Excise Rules, 1944 was held applicable where recorded statements showed that the Director was actively concerned with clandestine removal and disposal of excisable goods. The first proviso to Section 11A(2) of the Central Excise Act, 1944 was available only on strict compliance with payment of duty, interest, and 25% penalty within 30 days of receipt of notice. Because interest and the reduced penalty were paid after the prescribed period, the concessional finality under that proviso was unavailable, and the earlier deletion of penalty was set aside. The penalty was restored, subject to reduction to Rs. 25,000.</description>
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    <pubDate>Thu, 05 Aug 2010 00:00:00 +0530</pubDate>
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      <title>2010 (8) TMI 915 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=170567</link>
      <description>Penalty under Rule 26 of the Central Excise Rules, 1944 was held applicable where recorded statements showed that the Director was actively concerned with clandestine removal and disposal of excisable goods. The first proviso to Section 11A(2) of the Central Excise Act, 1944 was available only on strict compliance with payment of duty, interest, and 25% penalty within 30 days of receipt of notice. Because interest and the reduced penalty were paid after the prescribed period, the concessional finality under that proviso was unavailable, and the earlier deletion of penalty was set aside. The penalty was restored, subject to reduction to Rs. 25,000.</description>
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