2007 (4) TMI 601

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....ltant, for the Appellant. Shri M.M. Matkar, JDR, for the Respondent. [Order per :  Archana Wadhwa, Member (J)]. -   After appreciating the fact that the delay is only of three days in filing the appeal, we condone the same and proceed to decide the stay petition. 2. We find that the entire duty of Rs. 7,00,131/- confirmed against M/s. Sagar Dyeing & Ptg. Mills stands dep....

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....deposited before the issuance of show cause notice and as such the imposition of penalty equivalent to duty amount is not justified. He also draws our attention to the provisions of Section 11AC, which are to the effect that if the duty confirmed is deposited within 30 days from the date of communication of the order, the amount of penalty shall be 25% of the duty confirmed. By taking note of all ....