2004 (9) TMI 504

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..... impugned Order-in-Appeal, the appellants have only challenged the imposition of penalty of Rs. 50,000/- on them. 2. The learned counsel has contended that no penalty could be imposed as payment of duty by four cheques during the period in dispute was in order especially when cheques were encashed. Therefore, no penalty could be imposed. He has placed reliance on the ratio of law laid down by th .....

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..... balance in the PLA and RG 23A with the appellants even at the time of issuance or cheques ana as such, they had no mala fide intention in making the payment of duty by Cheques. This plea cannot be accepted for the simple reason that if the sufficient balance was standing with the appellants, there was no cause for them to discharge the duty liability through cheques and take credit in their PLA on .....

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