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2016 (8) TMI 1103 - AT - Central ExciseLiability of interest and penalty - Suo moto abatement - regularized by the Commissioner though at later stage but the grant of abatement should be considered deemed to have been granted when the appellant has suo moto taken the abatement - Held that:- the appellant had taken the suo moto abatement by paying less duty to that extent towards the closure of the factory from 15.7.1999 to 23.7.1999 but for the same period the Commissioner vide order had allowed abatement. In this peculiar fact I am of the view that the abatement suo moto taken by the appellant was knowingly allowed by the Commissioner. Therefore the suo moto abatement has been regularized by the Commissioner’s order. The abatement stand granted from the date of suo moto abatement taken by the appellant. I therefore do not see any reason why the interest is payable, consequently penalty is also not imposable. Therefore, the interest and penalty is set aside. - Decided partly in favour of assessee
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