9911796707
TMI Blog2004 (1) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... ch Commissioner (Appeals) has confirmed penalty of Rs. 50,000/- against them for having taken credit in the PLA for clearance of the goods before the encashment of the cheque issued by them in favour of the Chief Accounts Officer. 2. The learned Counsel has contended that the cheque was issued by the appellants at the instance of the department who wanted to collect more revenue before the expir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout payment of duty. Their plea that the department insisted for the issuance of the cheque and prevented them from discharging the duty from Modvat credit account, can not be accepted for want of corroboration from any other source. There is nothing on record to suggest that the department issued any order in writing or any officer of the department orally directed them to do so. No one could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontended that in the facts and circumstances of the case the penalty imposed is quite reasonable. But keeping in view the facts and circumstances of the case and discussion made above, the penalty amount is reduced to Rs. 30,000/-. Except for this modification in the penalty amount, the impugned order is upheld. Appeal of the appellants stands disposed of accordingly. - - TaxTMI - TMITax - Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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