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TMI Blog2011 (5) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... ty liable was of Rs.60,960/-. In the absence of any material or any surrounding circumstances speaking against assessee the redemption fine is reduced to Rs.20,000/- and the penalty to be reduced to Rs.10,000/- - partly in favour of assessee. - 2718 of 2005 - - - Dated:- 5-5-2011 - Mr. D.N.Panda, Mr. Mathew John, JJ. Present for the Appellant: Shri J.M.Sharma, Consultant Present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try No.3201 of CETA during the material period that remains undisputed. Once classification remains undisputed, levy shall be automatic because there is entry in CETA and nothing could be shown by the Appellant to prove that the goods were not marketable. Therefore, order passed by the lower authorities is not interferable. 5. Heard both sides and perused the records. 6. Attention was invi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the absence of any material or any surrounding circumstances speaking against assessee, we reduce the redemption fine to Rs.20,000/- and the penalty to be reduced to Rs.10,000/- in view of classification dispute persisted. 8. With the aforesaid observation and decision, we dispose of appeal granting partial relief to the appellant and allowing the appeal partly. - - TaxTMI - TMITax - C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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