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2014 (6) TMI 820 - CESTAT BANGALOREDuty demand - Penalty - Mis declaration - Suppression of facts - Held that:- Even though the learned advocate argued that non-mention of duty is not mis-declaration, I am unable to agree with this view. Mis-declaration is nothing but making a declaration which is not true. In this case, it is clear that the assessee had mentioned that the amount of duty had been paid which, in fact, had not been paid. Therefore, I agree with the view submitted by learned AR that as far as penalty is concerned, in this case, Rule 25 has been correctly invoked. As regards the liability of Rs. 53,768/-, there is no dispute and learned counsel has fairly agreed that they are required to deposit the amount in cash in view of the decision of the High Court. - appellant is liable to pay Rs. 53,768/- with interest. On payment of this amount, the appellant shall be eligible for taking Cenvat credit which has been reversed earlier, into their account. As regards penalty is concerned, taking into submissions made by both sides, I consider, it is in the interest of justice, that the penalty be reduced to Rs. 30,000 - Decided partly in favour of assessee.
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