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2000 (9) TMI 453

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....i B.B. Sarkar, JDR, for the Respondents. [Order per : Gowri Shankar, Member (T)]. -  The application is for waiver of deposit of duty of Rs. 21.39 lakhs and penalty of equivalent amount. The applicant cleared to a bonded warehouse steel engine and other equipments, and with the permission from the department manufactured barge which it cleared by presenting a bill of entry for home consumpt....

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....e light of the notification and action of the department, the applicant could reasonably believe that customs duty although leviable on the goods was exempted, and concluded that in that situation it was not liable to excise duty. The fact that the contract between the applicant and the buyer referred to excise duty, if any, payable is no answer. This initial belief could well have been changed la....