2012 (7) TMI 844

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....hri I. Baig, AR, for the Respondent. ORDER The appellant manufacture cables. They supplied the cables to Mega Power Project for installation of thermal power plant of capacity of 1000 MW under international competitive bidding and in respect of these clearances had availed full duty exemption under Notification No. 6/2006-C.E., dated 1-3-2006. The supplies had been made during the period fro....

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....3-2006 and imposition of penalty. Show cause notice was adjudicated by the Commissioner and vide order-in-original dated 19-2-2008, the duty demand of Rs. 97,70,425/- was confirmed against the appellant along with interest. Besides this, penalty of Rs. 10 lakhs was also imposed on them. Against this order, the appellant has filed this appeal. 2. Heard both sides. 3. Ms. Reena Khair, Advocate....

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....g penalty on the appellant is not sustainable. 4. Shri I. Baig, learned DR defended the order by reiterating the findings of the Commissioner. 5. We have considered the submissions made from both sides and perused the records. There is no dispute about the fact that the entire duty demand along with interest was paid by the appellant when the department pointed out to them that they are not ....