TMI Blog2004 (12) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... enalty 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 the show cause notice. 2. We have heard both the sides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vealed 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 voluntarily. It was paid by them only when they were caught b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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