2016 (12) TMI 1509

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.... for the Respondent Per : Ramesh Nair Revenue filed this appeal against Orders-in-Original No. 04/COMMR/04-05 dated 10-5-2004 passed by the Commissioner of Central Excise, Customs & Service Tax, Raigad, whereby Ld. Commissioner has passed following order: (i) The demand for Customs duty to the tune of Rs. 1,39,93,825/ in respect of imported capital goods is confirmed to be recovered from M/s. ....

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....nd Section 11AB of the Central Excise Act, 1944 respectively. (iv) Penalty of Rs. 50,00,000/- (Rupees Fifty lakhs only) is imposed under Section 114A of the Customs Act, 1962 on M/s. UNITY AGROTECH INDUSTRIES LTD (100% EOU) (v) Penalty of Rs. 20,0000/-(Rupees Twenty thousand only) is imposed under Rule 173Q of the Central Excise Act, 1944, on M/s. UNITY AGROTECH INDUSTRIES LTD (100% NOU) (vi) P....

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....y such other order as may be deemed fit? 2. Shri. Ahibaran, Ld. Addl. Commissioner(A.R.) appearing on behalf of the Revenue submits that though the Ld. Commissioner has given correct findings in the impugned order but made serious error inasmuch as he has not imposed penalty under Section 114A and wrongly mentioned the Section 27AB for charging interest instead of Section 28AB. 3. Shri. S. N. Ka....

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....ction 28AA/28AB of the Customs Act, 1962 and Section 11AA/11AB of the Central Excise. Act, 1944. I find that the notice company have consciously committed breach of conditions of exemption notification referred to above and therefore the provisions, of Section 28AB of the Customs Act, 1962 aid Section 11AB of the Central Excise Act, 1944 would be more appropriated to recover interest in this case ....