2017 (2) TMI 62

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....r respondent Per : Ramesh Nair The fact is that the differential duty demand was confirmed due to the reason that the amortization cost of tools was not included in the value of the final product. The appellant has challenged the duty liability as they have paid the same along with interest before the issuance of show cause notice. The penalty under Section 11AC of the Central Excise Act, 19....

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....ra Textile Processors 2007 (215) E.L.T. 321 (S.C.) He submits that as per these judgments whether the duty was paid before show cause notice or subsequently, penalty under Section 11AC of the Central Excise Act, 1944 is invocable being a mandatory provision. Therefore the authority below had no power either to waive the penalty or to reduce the same. 3. Shri S. Nanrayanan. Ld. Counsel for the a....

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....ts there is no suppression of fact with intent to evade payment of duty, therefore penalty under Section 11AC of the Central Excise Act, 1944 was rightly dropped by the Commissioner (Appeals). He placed reliance on the following judgments: (i) Reliance Industries Ltd. Vs. Commissioner of C.Ex. & Cus., Rajkot 2009 (244) E.L.T. 254 (Tri.-Ahmd.) (ii) Commissioner of C. Ex., Pune Vs. Coca-Cola I....

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....n the issue of imposition of penalty under Section 11AC of the Act, from the various judgments of the Hon'ble Supreme Court and the High Court, it was ruled that only because duty and interest paid before issuance of show cause notice, penalty of Section 11AC cannot be waived. Accordingly, Machine Montel (I) Ltd. is not a good law. However Ld. Commissioner (Appeals) has not examined whether th....