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2015 (10) TMI 898 - AT - Central ExciseDenial of SSi Exemption - Penalty u/s 11AC - Held that:- Prima-facie, there is an evidence of existence of M/s WAE. In any event, as the appellants are not contesting on merit, there is no need to go into the facts of the case. In overall consideration of facts and circumstance of the case, as the appellant already paid the duty alongwith interest and penalty under Section 11AC of the Act, during investigation, imposition of penalty on Shri Bhargavbhai H Jain is not warranted. It is seen that that Adjudicating authority already imposed penalty under Section 11AC of the Act and therefore, the penalty of ₹ 50,000/- under Rule 173Q on M/s NHPL is not justified. The Learned Counsel submits that the appellant is entitled to get the benefits of cum-duty benefit - impugned order in so far as the demand of duty alongwith interest and imposition of penalty of ₹ 1,50,000/- under Section 11AC on M/s NHPL is upheld. Penalty imposed under Rule 173Q on NHPL is set aside. The penalty imposed on the other appellants are set aside - Decided in favour of assessee.
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