2004 (4) TMI 85

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....elates to the imposition of penalty on the appellant. 2. Heard learned Counsel for the parties. 3. The appellant is engaged in the manufacture of steel products falling under Chapter 72 of the Central Excise Tariff Act, 1985. During the period 1997 to 31-3-2000 it was paying duty under the compounded scheme as contemplated under Section 3A of the Central Excise Act, 1944. 4. A perusal of ....

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....e submission of learned Counsel for the appellant is that since the appellant has paid the duty and interest prior to the issue of the show cause notice the penalty should not be imposed. We cannot agree with this submission. The penalty has to be imposed whenever the manufacturer fails to pay the amount of duty for any month by the 10th of such month. This is the clear mandate of the fourth provi....