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M/s Haryana Financial Corporation Versus CCE, Delhi-III

2017 (3) TMI 630 - CESTAT CHANDIGARH

100% EOU - Imposition of penalty u/s 112(b) of the CA, 1962 - auction sale - demand on the ground that auction has completed on 20.03.2006, whereas appellant have stake their claim in the plant and machinery on 23.12.2005, therefore, the appellant di .....

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r for auction of the said plant and machinery in daily newspaper. In that circumstances, it is held that the Revenue was well aware of the fact of auction of plant and machinery is to take place and the appellant is auctioning the same to recover its .....

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nd having no mala-fides intentions - penalty set aside - appeal allowed - decided in favor of appellant. - C/147/2011 - Final Order No: 60233/2017 - Dated:- 9-2-2017 - Mr. Ashok Jindal, Member (Judicial) Sh. Saurabh Kapoor, Advocate - for the appella .....

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nancial corporation who has advanced the sum of ₹ 250.00 Lacs to one M/s Perfect Gold India Ltd. against the mortgaged of land, plant & machinery and building. The M/s Perfect Gold Pvt. Ltd. defaulted in making the payment of loan amount, t .....

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en sold out who was 100% EOU who has imported the said plant and machinery without payment of duty with export obligation. As the export obligation has not been fulfilled, therefore, the duty on said plant and machinery was payable and as the appella .....

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that auction has completed on 20.03.2006, whereas they have stake their claim in the plant and machinery on 23.12.2005, therefore, the appellant did not protect in interest of revenue in the claim if the said plant and machinery. Therefore, the appel .....

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