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2015 (9) TMI 266 - AT - Central ExcisePenalty u/s 11AC - Interest u/s 11AB - Demand of differential duty - Held that:- There is no dispute that the appellant transferred the goods to their own unit at Kosamba and the duty paid by them would be eligible to cenvat credit to the other units. - Therefore there is Revenue neutrality in this case despite the fact that the appellants have not determined the correct value of the each grade of the Barium Carbonate. In the present case, it is evident that the demand of duty by show cause notice dtd 20th Sept. 2007 for the period 13.7.2004 to 30.9.2004 invoking extended period of limitation would not survive. Hence, the demand of interest and imposition of penalty would also not maintainable. - demand of interest and imposition of penalty are not warranted. Accordingly, the same are set aside. - Decided in favour of Assessee.
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