2008 (4) TMI 149

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....7. 6. 2008 in Appeal No. ST/276/2007-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 rectif....

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....ded by the appellant was found to be on the 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 tha....

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....t and, therefore, the submission of the ld Advocate 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....