2012 (8) TMI 835

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..... therefore, penalty is not warranted in the instant case. Accordingly, penalty is waived. But the appellants are directed to contact the adjudicating authority for quantification of the amount which is deniable - Both adjudicating authority and the appellants shall calculate the amount deniable and thereafter the appellant shall pay the amount deniable alongwith interest - Decided partly in favour .....

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..... er (Appeals), the first appellate authority allowed the appeal to the extent that the amount recovered from the employees is to be deniable as per Rule 2(1) of the CCR, 2004. He also imposed equal amount of penalty. Hence this appeal is before me for waiver of the penalty imposed. 3. Heard both sides. 4. As in the case of CCE, Nagpur Vs. Ultratech Cements Ltd reported in the Hon'ble High Court .....

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