2004 (12) TMI 199

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.... the Revenue has contested only the setting aside of the penalty on the respondents under Section 11AC through impugned order. The Commissioner (Appeals) has set aside the penalty on the respondents which was imposed by the adjudicating authority under Section 11AC while confirming the demand of Rs. 7,02,826/- on the ground that duty along with interest was deposited by them before the issuance of....

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....ules and respondents availed the Modvat credit but it revealed that the respondents had not amortized the differential duties of customs and the interest that was paid by M/s. MUL on account of default in EPCG and as such, could not avail the Modvat credit. 4. The respondents no doubt paid the duty with interest before the issuance of show cause notice but that payment was not made by them volunt....