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2009 (4) TMI 162 - CESTAT, AHMEDABADBelated payment of excise duty before issuance of SCN – interest and penalty - the demand for interest of Rs. 2,80,015/- was confirmed and penalty of Rs. 70,000/- was imposed on 20-12-2005 – transfer of ownership – liability of succeeding person – held that - As regards penalty, Hon’ble Supreme Court in Para 8 of the judgment in Macson observed that penalty cannot be recovered from the successor since successor did not get an opportunity to contest the same - , appellants are held liable to pay the interest amount demanded from them. Interest is applicable during the relevant period as per the provisions of Notification issued under Section 11AB of Central Excise Act, 1944. The proposal of recovery of penalty from the appellant is set aside
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