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2003 (10) TMI 141

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..... M/s. Hindustan Copper Ltd. is whether any penalty is imposable on them and interest is demandable from them. 2. Shri B.L. Narasimhan, learned Advocate submitted that under the impugned order, the Commissioner has confirmed the demand of duty in respect of copper concentrate cleared by them during the period from 23-7-96 to 17-8-96 and imposed a penalty of an equivalent amount of Rs. 65,87,143/- .....

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..... ctory premises on 17-8-96 and directed them to furnish information; that immediately after they came to know about withdrawal of the exemption they started paying duty on the copper concentrate and paid the excise duty on 5-10-96 in respect of copper concentrate cleared during 23-7-96 to 17-8-96; that in such a case, extended period of limitation is not invocable as there is no wilful suppression .....

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..... ring the goods was also not brought to the notice of the Department and as such the extended period of limitation is invocable and penalty and interest are imposable. 4. We have considered the submissions of both the sides. It has not been disputed by the Revenue that before 23-7-96 copper concentrate was exempted from payment of duty and the exemption was withdrawn w.e.f. 23-7-96. The appellant .....

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