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2010 (5) TMI 618 - CGOVT - CustomsPenalty - Applicant exported the goods and claimed drawback and declared that Cenvat has not been claimed by them or supporting manufacturers - Drawback was refunded along with interest as soon as the facts were brought to the applicant’s knowledge - Held that - Applicant company had admitted in his statement that they knew about the availment Cenvat credit facility by the manufacturer-suppliers. As such this intention to avail drawback facility willfully stands established and therefore order for imposition of penalty under Section 114(iii) of Customs Act, 1962 cannot be assailed. However as the assessee co-operated the penalty is reduced.
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