2011 (6) TMI 341

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....ants have deposited the entire duty of Rs.2,98,163/- confirmed against them along with interest amount of Rs.1,176/- and 25% of the penalty imposed upon them, we dispense with the condition of pre-deposit of balance amount of penalty and proceed to decide the appeal itself with the consent of both the sides.   2. Learned advocate appearing for the appellant submits that they are not disputin....

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....ce the penalty to 25% on the ground that though the appellants have deposited the entire duty but they have not deposited the interest, in which case the Proviso to Section 114A cannot be invoked.   4. After hearing both the sides we find that issue is no more res-integra. Tribunal in the case of Swathi Chemicals Industries Ltd. reported in 2009 (248) ELT 421 and the Hon ble High Court of Gu....