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    <title>2017 (8) TMI 772 - CESTAT MUMBAI</title>
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    <description>For computing the normal period under Section 11A(3)(ii)(a), the relevant date was treated as the date duty became payable under the Act or rules, including the due date for filing the monthly return; on that basis, the November 1997 period fell within the show cause notice dated 5-6-1998, and the demand from 1-11-1997 onward was covered. Penalty under Section 209A was held unsustainable against a partner where there was no possession of the goods and no basis to infer prior knowledge that they were liable to confiscation; the penalty was therefore deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=346714</link>
      <description>For computing the normal period under Section 11A(3)(ii)(a), the relevant date was treated as the date duty became payable under the Act or rules, including the due date for filing the monthly return; on that basis, the November 1997 period fell within the show cause notice dated 5-6-1998, and the demand from 1-11-1997 onward was covered. Penalty under Section 209A was held unsustainable against a partner where there was no possession of the goods and no basis to infer prior knowledge that they were liable to confiscation; the penalty was therefore deleted.</description>
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