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2002 (1) TMI 1175 - AT - Central Excise
The Appellate Tribunal CEGAT, Chennai considered whether the penalty imposed under Rule 57-I(4) of the Central Excise Rules should be upheld. The Commissioner set aside the penalty as the assessee had already paid the duty before the show cause notice was issued, with no intention to evade duty. The Tribunal rejected the revenue appeal, stating that penalty is not leviable without intention to evade duty, as per previous judgments.
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