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    <title>2006 (7) TMI 37 - HIGH COURT  M. P. (INDORE)</title>
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    <description>Excise duty paid after default but before issuance of the show cause notice did not extinguish liability under Section 11AC, because the relevant test is whether duty was paid at the correct time on clearance. Such later payment could only be considered as a mitigating factor in reducing the penalty, not as a bar to penal action. Delayed payment also attracted interest under Section 11AB. The reduced penalty fixed by the Tribunal was treated as a discretionary factual exercise and was left undisturbed.</description>
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      <description>Excise duty paid after default but before issuance of the show cause notice did not extinguish liability under Section 11AC, because the relevant test is whether duty was paid at the correct time on clearance. Such later payment could only be considered as a mitigating factor in reducing the penalty, not as a bar to penal action. Delayed payment also attracted interest under Section 11AB. The reduced penalty fixed by the Tribunal was treated as a discretionary factual exercise and was left undisturbed.</description>
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