TMI Blog2010 (5) TMI 462X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on proper invoice, this lapse cannot be attributed to any mala fide so as to invoke any penal provision against the appellant – Penalty aside - E/1428/2006 - A/526/2010-WZB/AHD - Dated:- 19-5-2010 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Murthy, Member (T) REPRESENTED BY : Shri W. Christian, Advocate, for the Appellant. Shri R.S. Srova, JDR, for the Respondent. [O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... @ Rs. 44/- instead of conversion rate applicable for export purpose prescribed @ Rs. 45.65 for Sept.'03 vide Notification No. 68/2003-Cus. (N.T.) dated 26-8-03 and further though the appellants mentioned rate of duty @ 44% on the invoices but they have neither worked out nor paid appropriate duty on these clearances. The aggregate duties of Excise @ 43.06% (Customs duty @ 25% + CVD (basic excise d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmits that short duty stand paid on account of non-application of correct rate of exchange of foreign exchange into Indian currency. The same is not on account of any mala fide but is a mistake on the part of the assessee, which do not call for any imposition of penalty. 4. After hearing the learned JDR, we confirm the demand of duty as not contested. As regards imposition of penalty, we n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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