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2019 (9) TMI 1528 - CESTAT KOLKATADemand of penalty - suppression of facts or not - tax and interest is not in dispute and was already paid by the appellants before the issuance of the show cause notice and have been appropriated by the Adjudicating Authority in the adjudication order - HELD THAT:- It is found from the records that the appellants have erred in applying the price applicable to the SAIL to the unrelated buyers at the factory gate in respect of stock transfers. The transactions were duly recorded in their books of account. On being pointed out, they immediately deposited the Central Excise duty along with appropriate interest. On perusal of records, it is observed that the learned Commissioner(Appeals) has failed to bring on record any ingredient of suppression of facts with an intent to evade payment of duty. There is nothing found regarding the ingredient of suppression of facts, fraud, collusion or any willful misstatement etc. Penalty set aside - appeal allowed - decided in favor of appellant.
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