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2015 (10) TMI 2549 - AT - Central ExciseClearance of goods without payment of duty - invoices supplied to buyer without supplying the goods enabling the buyers to avail Cenvat credit on the strength of invoices - availing of CENVAT credit fraudulently - SSI exemption - whether demand of interest u/s 11AB of the Act justified? - Held that: - during the impugned period, provision of Section 11AB of the Act were not in force which were introduced with effect from 28-9-1996 and the period involved is prior to that date. Therefore, the demand of interest confirmed against the appellant is set aside as there was no provision to demand interest during the relevant time. Imposition of penalty u/r 173Q of the Erstwhile Rules - Held that: - I have gone through the provisions of Rule 173Q wherein for certain contravention by the assessee, the goods are to be held liable for confiscation and thereafter penalties are imposable. I have gone through the impugned order wherein the goods are not held liable for confiscation and penalty have been imposed on the appellant. Further, I find that no specific clause of Rule 173Q has been mentioned in the impugned order to impose penalty on the appellant. Therefore, relying on the decision of Hon’ble Apex Court in the case of AMRIT FOODS Versus COMMISSIONER OF CENTRAL EXCISE, UP. [2005 (10) TMI 96 - SUPREME COURT OF INDIA], I hold that penalty under Rule 173Q of the Rules is not imposable on the appellant. Demand of interest and penalty not sustainable - appeal allowed - decided in favor of appellant.
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