2006 (7) TMI 685

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....nt. ORDER Heard both sides. 2. The Revenue is in appeal against order of setting aside the penalty by the Commissioner (Appeals), Pune-II. The respondents are engaged in the manufacture of sugar and molasses. On 24-12-2003, the Anti-Evasion Branch of Central Excise, Pune-II visited the factory of the appellants and on scrutiny of the records observed that they had received some capital goo....

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....versed the duty amount of ₹ 52,963/- along with interest. The show cause notice was issued subsequently proposing penalty and recovery of interest. The adjudicating authority confirmed the duty demand of ₹ 52,963/- (already paid) under Section 11A(1) of Central Excise Act, 1944 along with interest ₹ 17,173/- under the provisions of Section 11AB (already paid) and imposed penalty ....

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....er was bound to get the credit of the said Cenvat credit if they would have reversed the same and issued the Central Excise invoice for the same is not at all negativated. The finding of the Commissioner (Appeals) no way erroneous that the respondents accepted their mistake and reversed the credit along with interest before issue of show cause notice. 4. Department relying upon the several j....