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2009 (8) TMI 609 - AT - Central ExcisePenalty- The appellants were engaged in the manufacture of non-alloy steel ingots which were classifiable under Chapter 72 of the First Schedule to the Central Excise Tariff Act, 1985. The appellants had opted for compounded levy scheme from September, 1997 to March, 2000 and therefore, opted to discharge the duty liability under Rule 96Zo(3) of the erstwhile Central Excise Rules, 1944 read with section 3A of Central Excise Act, 1944. Thereafter, a show cause notice came to be issued on 4th of December, 2006 requiring the appellants to satisfy the authorities as to why penalty should not be imposed in terms of statutory provisions. Held that- the contention on behalf of the appellants that applying principle behind Section 11A, the authority could not have invoked powers under Rule 96ZO after the expiry of the period of 5 years cannot be accepted. Hence, the appeal along with the stay application, fails and are dismissed.
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