2008 (4) TMI 149

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....7-SM (BR)) Shri V. Swaminathan, Advocate, for the appellants. Shri A. K. Rastogi, DR, for the respondent. [Order per P. K. Das, Member (Judicial)] - By Final Order No.1654/07-SM (BR) dated 14.11.2007, the Tribunal reduced the penalty amount from Rs.1,57,896/- to Rs.50,000/- and the appeal was otherwise rejected. The Appellant filed application for rectification of mistake in the Final Order dat....

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.... lower side than the return filed by them with the Central Excise department. The appellant admitted the above mistake and deposited the amount along with interest. On proceedings being initiated against them, an equal amount of personal penalty was imposed upon them, which is under challenge." 2. The ld. Advocate on behalf of the Appellant submits that they deposited the tax during 2004 for the ....

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....cate that the demand of tax barred by limitation is not sustainable. He further submits that the Tribunal vide Final Order dated 14.11.2008 after considering the facts and circumstances of the case, reduced the penalty.            4. After hearing both the sides and on perusal of the records, I find that there is no dispute that the Applican....