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2017 (1) TMI 217 - AT - Central ExciseValuation - whether the penalty u/r 25 is to be imposed when the value of material supplied free of cost by customer is not added to the assessable value? - The appellant admittedly paid the entire excise duty along with interest on the differential value and also waive the show cause notice. The payment of excise duty and interest has been accepted by the department and no show cause notice was issued - Held that: - the appellant is squarely covered by Section 11A(2B) of the Central Excise Act, 1944 - after payment of duty along with interest by the appellant, the department should have concluded the matter and no penalty was imposable - penalty set aside - appeal allowed - decided in favor of assessee.
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