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2018 (6) TMI 575 - CESTAT ALLAHABADPenalties - SSI Exemption - clubbing of clearances - Revenue neutrality - Held that:- Both the units of the same company had been registered under Central Excise and had been paying central excise on clearance of their final products. Duty payable by Unit-I on clearance of kraft paper to Unit-II was available as Cenvat credit to Unit-II. In these circumstances there cannot be any intention to evade payment of duty and the situation is completely revenue neutral - the present case is squarely covered by the decision of Division Bench in the case of Hindustan Zinc Ltd. [2008 (7) TMI 214 - CESTAT NEW DELHI], where it was held that the entire excise is revenue neutral as neither the assessee stands to loose anything by paying higher duty nor the Revenue stands to gain anything by the appellant’s adoption of lower assessable value - penalty u/s 11AC set aside - appeal allowed - decided in favor of appellant.
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