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2017 (11) TMI 691

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..... 1) TMI 1172 - SUPREME COURT] wherein after considering the issue of repeal and/or omission of Rules 96Z0, 96ZP and 96ZQ with effect from 11th May, 2001, it was held that although the levy of the duty is saved but the levy of penalty and interest cannot be enforced - there can be no demand of interest and penalty under Rule 96-ZO - appeal allowed in part. - E/3909/2010-EX[SM] - A/71165/2017-SM[BR] .....

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..... lling under Chapter No.72 was notified for the purpose of levy of duty under Section 3A of the Act, on the basis of annual capacity which had been filed by the learned Commissioner, Central Excise, Kanpur vide order dated 24/03/1999 on the basis of annual capacity of production of ingots manufactured by the appellant, as follows: - Sl. No. Period .....

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..... mounts paid were deemed to be full and final discharge of duty liability for the period. 4. According to the appellant the amount payable for the financial year April, 1998 to March 1999 was in aggregate ₹ 95,33,286/- and they had deposited ₹ 80,80,475/-, besides these amounts appellant had deposited ₹ 4 lakhs (Rs.2 lakhs in the month of May, 1999+ ₹ 2 lakhs in the Month .....

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..... was pleased to reject the appeal and confirmed the demand and penalty, along with interest. 5. Being aggrieved, the appellant is before this Tribunal. The learned Counsel for the appellant states that the appellant is restricting their prayer to deletion of interest and penalty in view of the ruling of the Hon'ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills and others .....

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