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2015 (10) TMI 2352 - AT - Central ExciseBenefit of concessional rate of duty under notification 8/99 dated to 8.2.99 - Non production of clarification on whose basis exemption claimed - Held that:- so far as availability of exemption is concerned the matter is settled by the decision of Hon ble Supreme Court in case of Modi rubber Limited (1986 (8) TMI 60 - SUPREME COURT OF INDIA) in favour of the revenue. We also find that so far as invocation of provisions relating to penalty are concerned the law has been laid down by Hon ble Supreme Court in case of Orient fabrics (2003 (11) TMI 75 - SUPREME COURT OF INDIA) against the revenue. In view above we uphold the demand of duty and set aside the imposition of penalty. - The 2nd appeal deals with adjustment of the above demand and penalty against a sanctioned refund. In view of the vacation of penalty the appellant s succeed in their appeal insofar as adjustment of penalty against the sanction of refund is concerned. They ve become entitled to refund of the penalty amount adjusted earlier. - Appeal disposed of.
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