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2014 (12) TMI 739 - MADRAS HIGH COURTConcessional Rate of duty - notification No.50/97-CE dated 01.08.1997 - Imposition of penalty - Held that:- It is seen that the compounded levy scheme was introduced from 01.08.1997 vide notification No.33/97-CE(NT), wherein it was stated that in terms of sub-section (3) of Section 3A of the Central Excise Act, the duty liability was determined on the basis of Annual Capacity of Production. The assessee cleared the goods under this compounded levy scheme. Subsequently, by Notification No.57 of 1997-CE dated 30th August, 1997, the relevant date, viz., 1st August, 1997, was changed to 1st September, 1997. Hence, the assessee became ineligible to claim concessional rate of duty as per the compounded levy scheme. However, by a Notification No.4/2000-CE(NT) dated 31.1.2000, where the concessional duty, as applicable under Notification No.50/1997 dated 01.8.1997, was made applicable for the period 01.08.1997 ending with 31.8.1997. - assessee itself had admitted that Notification No.4/2000-CE(NT) dated 31.1.2000 is applicable for the goods cleared during August 1997, we find no reason to interfere with the order of the Tribunal. The Tribunal, after taking note of various notifications, viz., Notification No.48/97, CE dated 01.08.1997, 50/97-CE dated 01.08.1997, 57/97-CE dated 30.08.1997, deleted the penalty also. Hence, the questions of law raised do not merit consideration, as the assessee had already accepted the benefit of Notification No.4/2000-CE(NT) dated 31.1.2000. - Tribunal was justified in upholding the order of the Adjudicating Authority - Decided against assessee.
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