2011 (3) TMI 836

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....ide the present impugned orders, the interest stands confirmed against the appellant for the wrongly availed modvat credit, which was subsequently reversed by them. In addition penalty stands imposed upon the appellant.   2. Learned advocate, Shri S.J. Vyas for the appellant appearing before me does not dispute the confirmation of interest against them in view of the latest law of the Hon ....

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....eal by the Revenue against the order of non imposition of penalty, imposition of penalty by the Assistant Commissioner in denovo proceedings is not called for.   4. After hearing learned DR I agree with the above submissions of the learned advocate. The first adjudicating order did not impose any penalty. Revenue was not aggrieved with the said order and did not file any appeal. It is only....