2002 (4) TMI 544

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..... spensing with the condition of pre-deposit of personal penalty of Rs. 73,775/- (Rupees seventy-three thousand seven hundred seventy-five) imposed upon the appellant under the provisions of Section 11AC read with Rule 173Q of Central Excise Rules, I take up the appeal itself with the consent of both the sides. 2. The appellants are manufacturing dutiable as also exempted products out of common in .....

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..... ion against the appellant. He however submits they were working under a bona fide belief that no duty was required to be paid on the racking losses. He submits that the Revenue has taken the figures from their statutory records and RT-12 returns which were being submitted to the Revenue. As such it cannot be concluded that there was any mala fide on the part of the appellant. It is, at best a case .....

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..... by comparing the figures as reflected in the appellants RT-12 returns and as shown in their RG-23A Part-I. As such it can be safely concluded that there cannot be any mala fide intention on the part of the appellant inasmuch as the entire figures were reflected in their statutory records. The appellants have also shown their bona fides by depositing the duty amount as soon as the same was pointed .....

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