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2014 (2) TMI 591 - AT - Central ExciseDuty demand - Imposition of equivalent penalty u/s 11AC - Held that:- appellant is in appeal against the impugned order where the claim of excess reversal of credit has not been contested by the appellant before the Commissioner (Appeals). Therefore the same is not a subject matter before me. Accordingly, I reject the claim of excess reversal of the credit. Further, I find that in the case of J.K. Cement Works (2008 (12) TMI 624 - CESTAT NEW DELHI) this Tribunal has considered the issue in hand before me and in that case the goods were destroyed in the floods before the inputs could be used in manufacturing of final product and in that case also no information was given and the credit was reversed on being pointed out by the department. In that case, this Tribunal held that penalty is not imposable in such situation - Therefore, mandatory penalty under Section 11AC of the Act is not imposable on the appellant - Decided in favour of assessee.
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