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2021 (9) TMI 541

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.... Assistant Commissioner, Authorised Representative for the Respondent ORDER This appeal has been filed by the appellant against Order-in-Original No. NSK-EXCUS-001-COM-003-15-16 dated 21.10.2015 passed by Commissioner of Central Excise & Customs, Nashik. By the impugned order, the Commissioner has held as follows: "ORDER (i) The declaration dated 27.12.2013 filed by assessee in Form VCES-1 in....

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....ove at Sr. No. (i) above, is payable by assessee. (iv) Penalty of Rs. 58,565/- (Rupees Fifty Eight Thousand Five Hundred & Sixty Five Only) is imposed on assessee in terms of first proviso to Section 78 of the Finance Act, 1994 for reasons recorded hereinabove. However, the penalty shall be reduced to the extent of 25% of the amount of S. Tax confirmed under (i) above, in terms of 2nd & 3rd prov....

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....nsel. 3.2 Section 129 B (1A) of the Customs Act, 1962 reads as follows: "129 B Orders of Appellate Tribunal (1A) The Appellate Tribunal may, if sufficient cause is shown, at any stage of hearing of an appeal, grant time to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing : Provided that no such adjournment shall be granted more than thre....