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    <title>2018 (11) TMI 1453 - CESTAT NEW DELHI</title>
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    <description>Under the compounded levy scheme, duty could not be sustained for the period after the manufacturing unit remained closed due to continued disconnection of power, because the factual closure during the disputed later period was not displaced. On that basis, interest and penalty were also held not leviable, the penalty having been imposed under the Central Excise Rules but found unsustainable in light of the binding Supreme Court ruling relied on. The auction sale proceeds were treated as a pre-deposit, and once the demand failed, consequential refund with interest was directed in favour of the assessee.</description>
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      <link>https://www.taxtmi.com/caselaws?id=371110</link>
      <description>Under the compounded levy scheme, duty could not be sustained for the period after the manufacturing unit remained closed due to continued disconnection of power, because the factual closure during the disputed later period was not displaced. On that basis, interest and penalty were also held not leviable, the penalty having been imposed under the Central Excise Rules but found unsustainable in light of the binding Supreme Court ruling relied on. The auction sale proceeds were treated as a pre-deposit, and once the demand failed, consequential refund with interest was directed in favour of the assessee.</description>
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