2024 (7) TMI 267

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....tes for the respondent/assessee. 2. Briefly stated facts of the present case are that a sum of Rs. 4,13,18,733/- along with applicable interest on quantity of SKO cleared from Haldia Refinery to its own sister concern Guwahati Refinery was paid by respondent before the issuance of demand-cum-show cause notice. The adjudicating authority confirmed the demand of Rs.4,13,18,733/- and appropriated it from the aforesaid amount deposited by the respondent/assessee. He imposed penalty equivalent to the amount of duty. Thus, the dispute in the show cause notice and the order-in-original remained only to the extent of imposition of penalty. 3. Aggrieved with the order-in-original, the assessee filed Excise Appeal No.71375 of 2013 (M/s. Indian ....

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....ndings recorded by the Tribunal are findings of fact. He submits that no substantial question of law is involved in the present appeal. 6. We have carefully considered the submissions of learned counsels for the parties and perused the records of the appeal. 7. In the order-in-original itself that the adjudicating authority has mentioned that the entire amount of duty of Rs.4,13,18,733/- and interest of Rs.68,24,912/- was deposited by the respondent/assessee vide challan No.00326 dated 06.05.2012. The remaining amount of interest of Rs.10,542/- was also paid by the assessee vide challan No.00115 dated 19.07.2013. The demand-cum-show cause notice was issued by the adjudicating authority on 14.08.2012 i.e. much subsequent to the deposit....

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....tement or suppression of facts. or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty. Explanation 2 - For the removal of doubts, it is hereby declared that the interest under section 11AB shall be payable on the amount paid by the person under this sub-section and also on the amount of short-payment of duty, if any, as may be determined by the Central Excise Officer, but for this sub-section. Explanation 3.- For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of duty under this sub-section and interest thereon." 8. Thus, on facts th....