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2016 (6) TMI 609 - AT - Central ExciseNon imposition of equal amount of penalty under Section 11 AC - main contention raised by Revenue is that when the demand is confirmed, the penalty should be equal to the demand confirmed - Held that:- AR is using the words confirmation of demand and determination of duty interchangeably. We cannot agree to this submission. Section 11 AC uses the word duty as determined . The Commissioner (Appeals) has relied on several judgments while upholding the view taken by adjudicating authority in giving the benefit of adjusting the Cenvat credit. In Aditya Industries Vs. CCE, Hyderabad (2007 (2) TMI 550 - CESTAT, BANGALORE ) the Coordinate Bench of the Tribunal observed that, since the Modvat credit available to the appellants is much more than the duty demanded, no further demand is sustainable. The said demand can be adjusted against the credit claimed by the appellants. Therefore, the penalties on the appellants are not sustainable. - Decided in favour of assessee
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