2001 (2) TMI 711

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....the Respondent. [Order]. -  This Appeal challenges the correctness of Order-in-Appeal No. 302/98 (M-II), dated 8-10-1998 by which the Commissioner (Appeals) confirmed the duty liability of Rs. 2,99,294/- in respect of inputs and Capital Goods removed without payment of duty during the years 1992-93 to 1995-96. However, he set aside the mandatory penalty imposed under Section 11 AC of th....

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....d hence the duty and penalty be set aside. 2. Heard ld. Counsel for the Appellants. The ld. Counsel pointed out that it was only a procedural default on the part of the appellants in loaning the inputs/capital goods to the neighbouring industry in terms of trade practice. The appellants had merely committed procedural irregularities in not taking permission from the department. They held b....

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.... 4.  In countering the ld. Counsel submits that the Appellants are under BIFR and are seek unit and in the facts and circumstances have pleaded waiver of penalty as there is no intention to evade duty intentionally. 5. On careful consideration of the submissions and on the perusal of the impugned orders, I notice that there is no dispute of removal of inputs and capital goods withou....