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Deepak Spinners Ltd. Versus Commissioner

2015 (8) TMI 1229 - HIMACHAL PRADESH HIGH COURT

Legality of imposition of amount of penalty - Held that:- whether there is infraction of provisions of law, wilful or otherwise and whether there was any mens rea is factual, which requires adjudication by the authority below - Held that:- Since appe .....

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es. - Penalty set aside - Matter remanded back - Decided in favour of assessee. - Central Excise Appeal No. 7 of 2009 - Dated:- 4-3-2015 - Sanjay Karol and P.S. Rana, JJ. ORDER The only issue involved in the present appeal is the legality of impositi .....

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e Revenue before the Appellate Tribunal, appellant could not be heard prior to the passing of impugned order dated 20-3-2009 (Annexure-H). The order does not reflect as to whether respondents were served for the date of hearing. The issue as to wheth .....

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