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2010 (12) TMI 316 - CESTAT, NEW DELHIPenalty - Delay in payment of duty - Commissioner has imposed a penalty of Rs. 5 lakh under Rule 25(1)(a) read with Rule 8(3) of Central Excise Rules 2002 - the goods cleared in December, 2006 on which the duty has not been paid by the due date is offending goods and the penal action and consequences follow - appellant submits that due to financial crisis they defaulted in payment of duty in respective clearances made in December, 2006 but they have followed the restrictions prescribed under Rule 8(3A) by paying duty on consignment basis and without utilising the Cenvat credit and therefore leniency should be shown. - Held that: Penalty reduced from 5 lakhs to 1.5 lakhs.
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