https://www.taxtmi.com/caselaws?id=360836 Exemption under Notification No. 4/2006-CE for first clearances of paper had to be computed only with reference to eligible clearances covered by the notification, and the Tribunal applied the principle earlier taken in Ballarpur Industries Ltd. The record showed that the disputed quantity was cleared on payment of duty from pulp satisfying the notification conditions, and those factual findings were not disputed by the Revenue. On that basis, the demand was treated as unsustainable and the proposed penalty under Section 11AC fell away because the penalty foundation disappeared once exemption entitlement was accepted. en-us Wed, 21 Mar 2018 00:00:00 +0530 Thu, 24 May 2018 06:53:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=360836 Exemption under Notification No. 4/2006-CE for first clearances of paper had to be computed only with reference to eligible clearances covered by the notification, and the Tribunal applied the principle earlier taken in Ballarpur Industries Ltd. The record showed that the disputed quantity was cleared on payment of duty from pulp satisfying the notification conditions, and those factual findings were not disputed by the Revenue. On that basis, the demand was treated as unsustainable and the proposed penalty under Section 11AC fell away because the penalty foundation disappeared once exemption entitlement was accepted. Case-Laws Central Excise Wed, 21 Mar 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=360836