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TMI Blog2009 (7) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... DER The prayer in the application is to dispense with the condition of pre-deposit of duty amount of Rs. 27,59,723/- and penalty of identical amount. As per facts on record, the appellant was a 100% EOU and de-bonded their imported capital goods after obtaining necessary permission from the Development Commissioner. At the time of de-bonding, two bills of entry both dated 2-6-03, one for payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notification, is in face of not in accordance with settled law, in as much as Revenue is expected to know about the correct rate of duty required to be paid and cannot pass on the burden to the assessee. Learned Advocate submits that assessee in accordance with their understanding had claimed the benefit of notification dated 21/2002-C.E. and paid duty after filing bill of entry. If other duti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also required to be paid by the appellant. No objection having been raised at the time of assessment of Bill of Entry, appellant cannot be saddled with any mala fide intention or suppression so as to justifiably invoke longer period of limitation. It seems to be a case of mistake and lack of knowledge on the part of the assessee as also on the part of the Customs officer assessing Bill of Entry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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