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2015 (2) TMI 220 - CESTAT NEW DELHILow Remission of excise duty by the manufacturer - Imposition of penalty - Held that:- It is not the case of Revenue that the appellant colluded with the manufacturer M/s. Ind Synergy Ltd. for under-remittance of Excise Duty by the latter or that the appellant had foreknowledge of such evasion of Duty. Since it is not alleged that the appellant had passed on a credit of Duty in excess what was mentioned in invoices under which it had purchased billets and sold these to M/s. Jai Sidh Yogi Steel Rolling Mills, imposition of penalty on the appellant is illegal. Imposition of penalty without establishing any culpability, cannot be sustained. The order passed by the primary Authority as confirmed by the appellate Commissioner, New Delhi cannot therefore, be sustained. - Decided in favour of assessee.
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