2009 (5) TMI 749

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.... Shri S.N. Srivastava, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T) (for the Bench)].  These two appeals arise out of order-in-appeal Nos. 514-515/CE/Jal/2004, dated 30-10-04. 2. Heard both sides. 3. Relevant facts, in brief, are that M/s. Pumm Chem India is a manufacturer of Zinc Oxide and the same is a partnership firm consisting of Shri Sant Singh C....

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....aramjit Singh. 4. On appeal the Commissioner (Appeals) reduced the demand to Rs. 9,85,583/- after extending the benefit of exemption under Notification Nos. 16/97 and 8/98; he accordingly reduced the penalty from Rs. 18,73,446/- to Rs. 9,85,583/-. He upheld the confiscation of the goods and the redemption fine imposed. Penalty imposed on Shri Paramjit Singh was reduced from Rs. 5 lakh to R....

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....ates the finding of the Commissioner (Appeals). He relied on the decision of the Tribunal in the case of Sarla Polyester Ltd. v. CCE, Surat II reported in [2008 (222) E.L.T. 376 (Tri.-Ahmd)]; in the case of Everest Diamond Tools v. CCE, Visakhapatnam reported in 2007 (211) E.L.T. 327 (Tri.-Mum) and in the case of Asian Alloys Ltd. v. CCE, Delhi III [2006 (203) E.L.T. 252 (Tri.-Del.)] and submits t....

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....imposed under section 11AC is also fully justified. 7.2 At this stage, learned Advocate submits that the duty amount has not been correctly worked out by adopting slabs as envisaged in the notifications Nos. 16/97 and 8/98. We remit the matter to the original authority for the limited purpose of considering this plea and revising the demand as per the slabs and if there is downward revisio....