2005 (8) TMI 544

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....ra Jain, Advocate, for the Respondent. [Order]. - The Revenue in the present appeal is aggrieved by the impugned order dated 13-6-2003 passed by the Commissioner of Central Excise (Appeals), Nagpur, by which penalty of Rs. 2,00,000/- imposed by the Asst. Commissioner on the Respondents, has been reduced to Rs. 50,000/-. 2. The Respondents are engaged in the manufacture of Tower and L....

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..../- was payable by 5-1-2003. They have intimated about the shortage of funds by their letter dated 10-1-2003 and further informed that they would pay the unpaid amount with interest. However, they ended up paying the balance amount with interest by Demand Draft dated 4-2-2003 and same got cleared on 7-2-2003. 5. The respondents were issued a Notice, asking to show cause as to why the facili....

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....rest vide Demand Draft dated 4-2-2003, which was cleared on 7-2-2003. In other words, the due instalment was discharged by the Respondents within thirty days. It is settled legal position that if the assessee deposits the duty by cheque/DD, the date of presentation of the cheque in the bank shall be deemed to be the date on which the duty has been paid as held in - (a) CCE v. Genus Oversea....