2009 (7) TMI 950

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....der]. -  Learned advocate appearing on behalf of the appellant submits that the challenge is against imposition of penalty to the extent of 100% of duty upon the appellant. He submits that the unit was having financial difficulty and was taken over by new management and during the verification of the records, new management found that previous management had not paid the duty for the month o....

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....ring the relevant time and he also cited the decisions of the Tribunal in support of his contention that in such cases exemplary penalty is to be imposed. At this stage, learned advocate appearing for the appellant submits that Rule 8(3A) came into force w.e.f. June, 2006 and therefore it was not applicable to the present case at all. However, he fairly agrees that this point was not taken up eith....