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    <title>2003 (6) TMI 63 - CESTAT, NEW DELHI</title>
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    <description>The penalty of Rs. 60 Lakhs imposed on the appellant under Rule 209A of the Central Excise Rules, 1944 was set aside. The duty imposition was deemed illegal as the soap consignments were cleared at assessable value approved under price lists, arguing that evasion of duty cannot occur under such circumstances. Despite the defense based on the Finance Act, 2000, the absence of a finding on confiscation liability and knowledge of such rendered the penalty unsustainable. The penalty was overturned, and the pre-deposit was ordered to be refunded to the appellants.</description>
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    <pubDate>Fri, 13 Jun 2003 00:00:00 +0530</pubDate>
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      <title>2003 (6) TMI 63 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=51922</link>
      <description>The penalty of Rs. 60 Lakhs imposed on the appellant under Rule 209A of the Central Excise Rules, 1944 was set aside. The duty imposition was deemed illegal as the soap consignments were cleared at assessable value approved under price lists, arguing that evasion of duty cannot occur under such circumstances. Despite the defense based on the Finance Act, 2000, the absence of a finding on confiscation liability and knowledge of such rendered the penalty unsustainable. The penalty was overturned, and the pre-deposit was ordered to be refunded to the appellants.</description>
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      <pubDate>Fri, 13 Jun 2003 00:00:00 +0530</pubDate>
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