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2013 (12) TMI 1027 - AT - Central ExciseImposition of 100% Penalty – Assessee amortized the entire cost of moulds in the cost of parts manufactured - Held that:- The Revenue’s contention that said raising of cost of the moulds would be applicable retrospectively and it would be the higher cost of moulds which have to be amortized in the value of the parts does not stand disputed by the assessee and they have discharged their duty liability, on being pointed out by the Revenue – Thus, imposition of penalty upon the appellant is not called for as there was no malafide intention on the part of the assessee to amortize the lower cost of the moulds in the value of the vehicle parts - confirmation of demand of duty has not been disputed by the appellants, it was upheld and penalties imposed upon both the appellants set aside – Decided in favour of Assessee.
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