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2011 (5) TMI 91 - CESTAT, NEW DELHIPenalty u/s 11AC - Whether free supplied moulds shall be subject to amortisation for determining assessable value - Show cause notice for the period 1996-97 to 2000-01 - The assessee came forward to discharge its tax liability soon after the audit observations were made during 18.4.2000 to 20.04.2000 for the first period in two instalments i.e., partly on 15.2.2000 and partly on 11.7.2000 while first show cause notice was issued on 5.3.2002 - before show cause notice was issued, the assessee informed the Department about its intention on 11.6.2001 - appreciate revenue contention that the cost aspect of the goods appears to the same before and after amortisation - But The show cause notice does not demonstrate any cost analysis to show how such inference was drawn to level charge - Show cause notice fails to provide basis for defence for which there is no scope to appreciate that the assessee had manipulated assessable value - Therefore, there is no scope to doubt ill motive of the assessee at all - Accordingly, there is also no scope to penalise the assessee in respect of the show cause notice issued for the period 1996-97 to 2000-2001 . Show cause notice for the period from April 2001 to August, 2002 - There shall be concessional penalty for the second period subject to fulfilment of the conditions in section 11AC read with the decision of Hon ble High Court of Delhi in K.P. Pouches case and subject to verification of challans of deposit of the duty demand made by adjudication.
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