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2013 (1) TMI 498 - CESTAT, NEW DELHIPenalty u/s 11AC - Non-payment of duty on the price escalation amount received - Supplied sleepers to railways against contract with price escalation clause - The price differential on account of price escalation from back date was received by the appellant in the year 1999 - Neither the duty was paid by the appellant nor the receipt of price differential was intimated to revenue Held that:- No, The duty on the price escalation amount become payable only in 1999 when the price escalation amount was received and which was not paid by the appellant at that time. From these facts assessee has suppressed the relevant facts from the departments and, hence, the penal provisions of Section 11AC would be attracted. As decided in case of Rajasthan Spinning & Weaving Mills (2009 (5) TMI 15 - SUPREME COURT OF INDIA) the same would be equal to the quantum of the duty demand confirmed, as there is no discretion either for the Adjudicating Authority or for the Appellate Authority to impose the lower penalty u/s 11AC. In favour of revenue
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