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2015 (11) TMI 776 - AT - Central ExciseSSI exemption under Notification No.8/03 dt.1.3.2003 - Penalty u/s 11AC - Invocation of extended period of limitation - Suppression of facts - Held that:- It is fact on record that investigation was conducted on 14.03.2005 wherein it was found that turnover of the appellant exceeded from the exemption limit during the period 2003-04. It is also a fact that if the appellant has taken registration they were entitled for cenvat credit on the inputs and the credit was available with them more than the duty payable. Therefore, by suppressing the facts, the appellant was not going to get any gain. In the circumstances, I find that it was only a mistake of the appellant of not paying duty during the relevant period. Accordingly, I hold that the charge of suppression against the appellant is not sustainable. As the charge of suppression is not sustainable, consequently, mandatory penalty under section 11AC is not imposable on them. With these terms, I set aside penalty equal to the duty - Decided in favour of assessee.
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