2017 (9) TMI 1549

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....ER Per: Shri P.K. Choudhary Being aggrieved by the impugned order, the appellant has preferred the present appeal against imposition of penalty under Section11AC of the Central Excise Act, 1944 and demand of interest under Section 11AB of the Act. 2. It is the case of the appellant assessee that during the period from June, 1999 to April, 2000, the appellant under the bona fide belief, di....

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....any of the provisions of the act with intent to evade payment of duty. Therefore they were not liable to any penalty under Section 11AC of the Act and further no interest could be recovered under Section 11AB of the Act. In support of his submissions the ld. Counsel placed reliance on the various decisions. 3. The ld. A.R. reiterates the findings of the lower authorities. He relied upon the dec....

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.... the submission on time bar, it is noticed that the Commissioner has relied on the Hon'ble Supreme Court's judgment dt. 9-8-2005 in the case of M/s. IFGL Refractories Ltd. cited supra. This decision of the Hon'ble Supreme Court has reversed the decision of the Tribunal in the case of M/s. IFGL Refractories Ltd. [2001 (134) E.L.T. 230]. In other words, the Tribunal has taken a view that discounts o....