2013 (4) TMI 52

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....he Respondent. ORDER This appeal is filed by the assessee who has requested that the appeal be disposed of on the grounds stated in the memorandum of appeal. Accordingly I have examined the records and heard the learned Deputy Commissioner (AR). 2. In adjudication of a show-cause notice which inter alia proposed a penalty on the assessee under Section "11AC of the Central Excise Act, 1944....

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....for imposing penalty on the assessee on the ground of contravention of certain provisions of Rule 8 of the Central Excise, Rules, 2002. The learned Deputy Commissioner (AR) clarifies that the assessee had contravened such provisions by utilizing Cenvat credit for payment of duty on certain clearances made even after committing continuance default of payment of duty. According to the department, th....

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....ll be liable to confiscation and the producer or manufacturer or registered person of the warehouse or a registered dealer, as the case may be, shall be liable to penalty........" The above provision is not applicable to the present case for want of intent to evade payment of duty. It is also pertinent to note that the lower appellate authority vacated Section 11AC penalty after holding that th....