2004 (9) TMI 504

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....Shri S. Bhatnagar, JDR, for the Respondent. [Order]. -  In this appeal against the impugned Order-in-Appeal, the appellants have only challenged the imposition of penalty of Rs. 50,000/- on them. 2. The learned counsel has contended that no penalty could be imposed as payment of duty by four cheques during the period in dispute was in order especially when cheques were encashed.....

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....ion of provisions of Rule 9(1) of the Rules was there. The argument of the learned counsel that there was sufficient balance in the PLA and RG 23A with the appellants even at the time of issuance or cheques ana as such, they had no mala fide intention in making the payment of duty by Cheques. This plea cannot be accepted for the simple reason that if the sufficient balance was standing with the ap....