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    <title>2003 (7) TMI 129 - CESTAT, MUMBAI</title>
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    <description>Payment of duty after detection of evasion does not, by itself, bar penalty under Rule 173Q or Rule 209A; at most, it may justify leniency in quantifying the penalty, particularly where payment is made after the department has knowledge of the evasion. The plea based on Section 11AC was inapplicable because the dispute concerned Rule 173Q penalty. A separate penalty on an individual partner was not sustainable where the partnership firm had already been penalised for the same misconduct. Penalty on Atul G. Gandhi was therefore set aside, while the penalties on the firm and the other appellant were sustained.</description>
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    <pubDate>Mon, 21 Jul 2003 00:00:00 +0530</pubDate>
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      <title>2003 (7) TMI 129 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=51959</link>
      <description>Payment of duty after detection of evasion does not, by itself, bar penalty under Rule 173Q or Rule 209A; at most, it may justify leniency in quantifying the penalty, particularly where payment is made after the department has knowledge of the evasion. The plea based on Section 11AC was inapplicable because the dispute concerned Rule 173Q penalty. A separate penalty on an individual partner was not sustainable where the partnership firm had already been penalised for the same misconduct. Penalty on Atul G. Gandhi was therefore set aside, while the penalties on the firm and the other appellant were sustained.</description>
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      <pubDate>Mon, 21 Jul 2003 00:00:00 +0530</pubDate>
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