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2011 (2) TMI 861

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..... .48,239/- on 20.7.04. The statement has not been retracted - Therefore, confirmation of demand of duty and imposition of penalty under Section 11AC cannot be faulted. - E/393/2009 - - - Dated:- 11-2-2011 - Hon'ble Mr. M.VEERAIYAN, Technical Member Appearance: Shri S.Muthuvenkatraman, Advocate For the Appellants Shri C.Rangaraju, SDR For the Respondent This is an app .....

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..... he appellants during the course of investigation. The order of the original authority stands upheld by the Commissioner (Appeals). 3. Learned advocate for the appellant submits that the demand stands confirmed merely based on the statement of the appellant and the same may not be sustainable. Further, in the facts and circumstances of the case, no penalty should be imposed. He further submitt .....

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..... rm. The same has been followed up by payment of substantial sum of Rs.48,239/- on 20.7.04. The statement has not been retracted. Under these circumstances, confirmation of demand of duty and imposition of penalty under Section 11AC cannot be faulted. 6. However, the submission of learned advocate that the authorities below have not given option to pay concessional penalty in terms of proviso t .....

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