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    <title>2026 (2) TMI 549 - CESTAT MUMBAI</title>
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    <description>Imported goods cleared and sold as fertilizers were not used in manufacture as required by the amended exemption entry, and appellants admitted non compliance but voluntarily paid differential CVD and interest before showcause notice; accordingly the tribunal found non payment was a bona fide mistake and there was no suppression, so penal provisions could not be invoked, and penalty under the penal provision was set aside. The tribunal further held that the Finance (No.2) Act amendment is not retrospective and does not apply to the disputed 2011 period, so interest and penalty confirmations were quashed and confiscation and related penalties were set aside in favour of the appellants.</description>
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    <pubDate>Mon, 27 Oct 2025 00:00:00 +0530</pubDate>
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      <title>2026 (2) TMI 549 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=786401</link>
      <description>Imported goods cleared and sold as fertilizers were not used in manufacture as required by the amended exemption entry, and appellants admitted non compliance but voluntarily paid differential CVD and interest before showcause notice; accordingly the tribunal found non payment was a bona fide mistake and there was no suppression, so penal provisions could not be invoked, and penalty under the penal provision was set aside. The tribunal further held that the Finance (No.2) Act amendment is not retrospective and does not apply to the disputed 2011 period, so interest and penalty confirmations were quashed and confiscation and related penalties were set aside in favour of the appellants.</description>
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