2008 (9) TMI 728

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....ppellant. Shri Y.S. Loni, JDR, for the Respondent. [Order per : D.N. Panda, Member (J)]. - Heard both sides. 2. Shri K.K. Banerjee, learned Advocate appearing for the Appellant states that in the Miscellaneous Application for rectification of mistake, the Appellants seek a reduction in the penalty amount to 25% of the duty leviable on the basis of the following two decisions :- ....

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....y under the first proviso shall be available if the amount of penalty so determined has also been paid within the period of thirty days referred to in that proviso :" It is seen from the above that the reduced penalty of 25% under the first proviso to Section 11AC is available if the duty and the interest thereon, are paid within thirty days from the date of communication of the Order as requir....

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....the date of search on 19-6-02, the payments have been made later on after a time-gap on the dates mentioned above. As such, this is a case which involves interest-liability on the duty evaded. There is no evidence on record that the Appellants paid the interest amount within the required time of one month from the date of issue of the impugned Order. Hence, in our view, the benefit of the cited tw....