2011 (9) TMI 665

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....DGEMENT   N. Kumar, J:-   1. The Revenue has preferred this appeal challenging the order passed by the Tribunal, which has held that when the duty is paid before the issue of Show Cause Notice imposition of penalty and interest is not justified.   2. From the order in original, it is clear, on the ground of misdescription of the goods imported after the came was noticed whe....

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....l.   3. As is clear from, the facts set out above the observation made by the Tribunal is not proper. The Assessee has paid the duty and interest. However, a penalty of Rs. 1 lac was imposed by the Adjudicating Authority taking a very lenient view of the matter. The dispute relates to the year 2004-05. By Act 14 of 2001, Sub-section (2B) has been inserted to Section 28 of the Customs Act, ....

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....hall proceed to recover such amount in the manner-specified in this Section and the period of "one year" or "six months" as the case may he, referred to in Sub-section (1) shall be counted from the date of receipt of such information of payment.   4. In view of the aforesaid provision, when the Assessee pays; the duty arid penalty and inform the proper officer of such payment in writing, w....