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2015 (12) TMI 663 - AT - Central ExciseWaiver of penalty and interest - penalties under Section 11AC - Invocation of extended period of limitation - Held that:- This is the case where the appellants have cleared the cotton yarn dyed woven fabrics without payment of excise duty whereas they collected the Central Excise duty from the customers and the same was not remitted to government account. I find that the adjudicating authority confirmed the demand of ₹ 34,72,714/- and appropriated the amount of ₹ 13,11,900/- and imposed equal penalty under Section 11Ac and also equal penalty under rule 25 on the appellants as well as on the partner of the company. Whereas the LAA in his findings considered the appellants plea and reduced the duty amount based on verification report received from the adjudicating authority - As regards invoking extended period intention to evade payment of duty which was already collected but not remitted to the government is suppression of facts has been clearly established and the same was admitted by the appellant and paid the duty amount - reduced demand ordered by LAA and consequent Section 11AC penalty and interest is liable to be upheld. Therefore, I do not find any infirmity in the impugned order in so far as the demand and Section 11AC penalty and demand of interest - Decided against assessee.
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