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    <title>2004 (3) TMI 184 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=52828</link>
    <description>Penalty under Section 11AC of the Central Excise Act cannot be sustained unless the underlying duty liability for the relevant period is quantified and the statutory basis for the levy is clear; on that footing, the penalty was set aside. Interest under Section 11AB also requires a determinable date of clearance and due date of payment, and where those dates for scrap or waste were not established, the interest demand failed. Penalty under Rule 173Q(1)(bb) was likewise not leviable because the essential ingredients of the alleged contravention were not proved, so the Revenue&#039;s challenge was rejected.</description>
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    <pubDate>Tue, 09 Mar 2004 00:00:00 +0530</pubDate>
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      <title>2004 (3) TMI 184 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=52828</link>
      <description>Penalty under Section 11AC of the Central Excise Act cannot be sustained unless the underlying duty liability for the relevant period is quantified and the statutory basis for the levy is clear; on that footing, the penalty was set aside. Interest under Section 11AB also requires a determinable date of clearance and due date of payment, and where those dates for scrap or waste were not established, the interest demand failed. Penalty under Rule 173Q(1)(bb) was likewise not leviable because the essential ingredients of the alleged contravention were not proved, so the Revenue&#039;s challenge was rejected.</description>
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      <pubDate>Tue, 09 Mar 2004 00:00:00 +0530</pubDate>
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