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    <title>2023 (8) TMI 313 - CESTAT KOLKATA</title>
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    <description>Penalty under Rule 209A of the Central Excise Rules, 1944 was found unsustainable where a corporate assessee had short-paid duty inadvertently, paid the differential duty with interest before notice, and no evidence of knowing abetment was established. The Tribunal treated the provision as one targeting a person who knowingly deals with goods liable to confiscation and followed the view that its equivalent penalty framework is not applied to a corporate body in the same manner as to an individual. The penalty was accordingly set aside.</description>
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      <description>Penalty under Rule 209A of the Central Excise Rules, 1944 was found unsustainable where a corporate assessee had short-paid duty inadvertently, paid the differential duty with interest before notice, and no evidence of knowing abetment was established. The Tribunal treated the provision as one targeting a person who knowingly deals with goods liable to confiscation and followed the view that its equivalent penalty framework is not applied to a corporate body in the same manner as to an individual. The penalty was accordingly set aside.</description>
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