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2003 (9) TMI 675

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....K. Srivastava, JDR, for the Respondent. [Order]. -  The appeal is only as regards the imposition of penalty of Rs. 5,000/- for the delay, determined in payment, of the amounts required to be paid, under the Annual Production Capacity fixed for this appellant, an assessee engaged in manufacture of iron and steel products. 2a. The appellant's case is that there was a change in par....

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.... "Provided that if the manufacturer fails to pay the total amount of duty payable under clause (a) by the 30th day of April, 1998, he shall also be liable to pay a penalty equal to the duty as on 30th day of April, 1998, or five thousand rupees, which is greater."            Therefore, it can not be heard that no penalty provision existed for d....