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2015 (1) TMI 447 - AT - Central ExcisePenalty u/s 11AC - Valuation of goods - Inclusion of handling charges - Held that:- Expenses of handling charges were paid by M/s ACC Ltd. to M/s Suraj Logistics and such expenses were not borne by the Appellant. Besides, we find that the demand notice is issued for normal period of limitation and we do not find any materials adduced by the Revenue that the duty has not been paid on account of suppression of facts, mis-declaration etc.. On the contrary, in view of the decision of the Larger Bench in case of Supreme Petrochem Ltd. (2009 (6) TMI 51 - CESTAT, MUMBAI), the Appellant is not required to discharge any duty. In these circumstances, we are of the view that penalty is not warranted under Section 11AC of the Central Excise Act, 1944 and accordingly, we set aside the imposition of penalty - Decided in favour of assessee.
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