2014 (7) TMI 733

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....st the order of Commissioner (Appeals) whereby penalty and interest imposed on the respondent under Section 11AC and 11AB of the Central Excise Act, 1944 were set aside. 2. Heard the learned Authorised Representative on behalf of the Revenue and perused the records. None appears on behalf of the respondent. 3. The respondent are engaged in the manufacture of iron and steel products. On 29.07....

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....side the penalty and interest. 4. I find that the Commissioner (Appeals) set aside the demand of interest and penalty on the ground that the respondent paid the duty before issue of the show-cause notice. The Hon'ble Supreme Court in the case of Union of India Vs Rajasthan Spinning and Weaving Mills reported in 2009 (238) 3 (S.C.) held that penalty under Section 11AC of the Act cannot be se....