2010 (8) TMI 765

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....t. Shri Mahesh Rustogi, DR, for the Respondent. [Order (Oral)]. -  This is an appeal against the order of the Commissioner (Appeals) No. 37-CE/NOIDA/08 dated 25-2-2008. 2. Heard both sides. 3. The relevant facts, in brief, are that the appellant imported certain inputs and components and moulds and took credit of special additional duty of customs paid at 4% ad valore....

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....sed penalty of equal amount on the Manager (Finance). Commissioner (Appeals) upheld the order of the original authority in so far as it related to the appellant company but set aside the penalty on the Manager of the company. The company is in appeal against the imposition of penalty. 4. Learned Advocate for the appellant submits that it is due to misunderstanding that they have taken cred....

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...., mandatory penalty is required notwithstanding the deposit of the amount before issue of show cause notice. He also relies on the decision of the Hon'ble Supreme Court in the case of UOI v. Rajasthan Spinning & Weaving Mills reported in 2009 (238) E.L.T. 3 (S.C.). 6. I have carefully considered the submissions from both sides and perused the records. No doubt, the appellants are not eligi....