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2014 (3) TMI 638 - AT - Central ExciseLevy of Penalty u/s 11AC - Availment of CENVAT Credit - Commissioner (appeals) set aside the penalty imposed under Section 11AC of Central Excise Act on the ground that the amount of duty was paid before issue of Show Cause Notice. - Held that:- In view of the decision of the Hon’ble Supreme court in the case of Union of India Vs Rajasthan Spinning & Weaving Mills - [2009 (5) TMI 15 - SUPREME COURT OF INDIA], we are unable to accept the finding of the Commissioner (Appeals) for setting aside the penalty. However, we uphold the order of the Commissioner (Appeals) in so far as setting aside of the penalty for the reason that we do not find any ingredients of Section 11AC in the present case. After considering facts and circumstances of the case, in our considered view, the imposition of penalties are not warranted. But, the demand of interest as applicable for the period Oct’98 to Jan’2000 is justified. - Decided partly in favour of Revenue.
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