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2015 (4) TMI 1020 - AT - Central ExcisePenalty u/s 11AC - whether penalty under Section 11AC has been rightly imposed on the appellant in the fact that due to change in the warehousing provisions w.e.f. 6.9.2004 vide Notification No. 17/04-CE, the appellants are having certain quantity of stock in the warehouse, which was declared to the department on 6.9.2004 itself - Held that:- Issue as to differential duty has been arisen in the facts of this case as a matter of interpretational issue. There is no concealment or contumacious conduct on part of the appellant found by the Revenue. Accordingly, the penalty under Section 11AC read with Rule 25 of the Central Excise Rules, 2002 is set aside. The appellant shall be liable to pay interest as held in the impugned order under Section 11AB and shall deposit the same, if not paid so far - Decided partly in favour of assessee.
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