2021 (2) TMI 1133

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.... Shri A.K.Biswas, Authorized Representative for the Appellant None for the Respondent ORDER ANIL CHOUDHARY : Heard the learned Authorized Representative for Revenue Appellant. 2. The Respondent assessee is absent and have filed a time petition. As the appeal is of the year 2011 and the matter lies in a narrow compass, we reject the time petition and take up the appeal for hearing....

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....15(1) of Cenvat Credit Rules, 2004. 5. Revenue have preferred this appeal on the grievance that penalty should have been imposed 100% under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC as there is element of suppression on the part of the assessee as they have not come out with full and proper details before the Revenue authority at first instance. It was only after persuasion....

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....rdingly under the Essential Commodities Act, a specification of HSD prescribed by Notification, issued by the Ministry of Petroleum and Natural Gas shall prevail. It was also contended that the SCN is bad for relying on a stale specification and not placing reliance on the current specification. 7. Having considered the contentions of Revenue and the assessee we find that in the facts and circu....