2010 (10) TMI 987

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.... Ms. Uma Maheshwari, Advocate, for the Respondent. ORDER The Revenue challenges the setting aside of the penalties both under Section 11AC of the Central Excise Act, 1944 and under Rule 173Q of the Central Excise Rules (now replaced by Rule 25 of the Central Excise Rules, 2000). 2. We have heard both sides. The assessees who are manufacturers of articles of plastics and parts of pumps, pa....

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.... to evade payment of duty as they were under bona fide belief that they were not required to include the value of materials supplied free in the assessable value of their goods which they returned to their customers. Revenue has not put forth any convincing argument to dislodge this finding regarding non-imposition of penalty under Section 11AC. We, accordingly, uphold the finding that penalty und....