1999 (9) TMI 638

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....the Respondent. [Order per : J.H. Joglekar, Member (T)].  When this stay application was heard it appeared that at this stage the main appeal itself could be taken up for disposal. Both sides agreeing, this was done, after giving the formal waiver of pre-deposit of the penalty. 2. We have heard Shri S.V. Yakkundi, Advocate for the appellants and Shri Deepak Kumar for the Revenue. 3.....

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....evant books and also paid interest on delayed payment. Subsequently, show cause notice was issued alleging penalty under Rule 173Q of the Central Excise Rules, 1944. After hearing the assessee, the Assistant Commissioner imposed penalty of Rs. 1,05,000/- on the assessees. Against this order the assessees filed an appeal before the Commissioner of Central Excise (Appeals), along with the stay appli....

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.... the submissions. 6. We have seen the body of the judgment. It appears that before the Hon'ble Court the methodology of payment of duty had not been brought out fully. Rules 9 and 49 of the Central Excise Rules require that the goods can be removed from the assessees' factory only on payment of duty. The duty can be paid either by debiting the PLA on the RG-23A register. The credit balance i....