TMI Blog2008 (10) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... e duty-paid Nitrogen, credit in respect of which has been taken, the duty-demand at the rate of 8% of the value of nil rated clearance is in order and the same it confirmed along with the interest on the same. However, considering the circumstances of the case and the fact that the Appellants have given all particulars in their regular returns, this is not a fit case for imposition of penalty and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench. Considering the submissions in this regard and with the consent of both sides, this case is taken up for hearing and disposal. 3. After hearing the matter for some time, I find that the Appeal itself can be heard and disposed off today and hence, the requirement of pre-deposit is waived and the Appeal proper is taken up for hearing and disposal. 4. Shri Sinhamahapatra, learned Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of duty. However, he fairly admits that since the duty credit has been taken on the entire quantity of Nitrogen obtained from outside as input, the Appellants are required to pay 8% of the value of the nil rated clearance of Liquid Nitrogen; but the same was not done earlier due to ignorance of the legal provisions, which was also not pointed out by the Department earlier despite filing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been taken, the duty-demand at the rate of 8% of the value of nil rated clearance is in order and the same it confirmed along with the interest on the same. However, considering the circumstances of the case and the fact that the Appellants have given all particulars in their regular returns, this is not a fit case for imposition of penalty and therefore, the penalty is waived. The Appeal is t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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