TaxTMI 
TaxTMI 
2018 (4) TMI 212
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....Pakshirajan, Asst. Commissioner (Ar), For The Respondent Per: S.S GARG The present appeal is directed against the impugned order dt 23/08/2017 passed by the Commissioner(Appeals) whereby the Commissioner(Appeals) has disallowed and demanded the total credit of Rs. 10,62,843/- along with interest and dropped the demand of Rs.10,25,665/- but imposed the penalty of Rs. 10,62,843/- und....
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....tal goods under the category components, spares and accessories of the specified goods. Therefore show-cause notice was issued proposing to demand duty along with applicable interest and penalty alleging suppression of facts etc. with intent to evade duty to invoke extended period provisions. The original authority confirmed the proposals in the show-cause notice But on appeal, Commissioner(Appeal....
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....the show-cause notice). He further submitted that now the appellants are not contesting the reversal of CENVAT credit of Rs. 20,14,237/- but are contesting the imposition of penalty in the present appeal. He further submitted that the Commissioner(Appeals) has wrongly relied upon the decision in the case of Vandana Global Ltd. vs. CCE, Raipur [2010-TlOL-624-CESTAT-DEL-LB] which is not a good law i....
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....of both sides and perusal of records, I find that though the appellant has a good case on merits but since they have reversed the credit before issuance of show-cause notice and are only contesting the imposition of penalty, I find that the penalty in this case is not sustainable as the issue relates to interpretation of law and the appellant has not suppressed any material fact from the Dep....