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2012 (6) TMI 695 - CESTAT, CHENNAIDifferential duty demand – assessee contested the denial clause in the impugned Notification No.11/96 under the deemed credit scheme has no applicability and the imposition of penalty under Rule 57I is not appropriate – Held that:- Since the appellants are willing to accept the differential value and make duty payment accordingly in such a case, it would be unfair to deny the deemed credit totally, applying the denial clause in the impugned notification which is meant for cases where a case of fraud, collusion etc. is established - No willful misstatement or suppression found the impugned order-in-appeal is modified to allow the deemed credit and set aside the penalty of Rs.5000/- imposed – in favour of assessee.
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