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2017 (3) TMI 1451 - AT - Central ExcisePenalty u/s 11AC of CEA,1944 - clearance of Copper Strips, a raw material for manufacture of the Transformer, to their another unit, on reversal of the credit availed on the inputs - Revenue's case is that what cleared by them being input not as such but a processed one, therefore, the duty should be paid - Held that: - it was a mistake on the part of the excise clerk to ascertain the correct duty liability in as much as the inputs which were procured, later processed and became semi-finished goods, even though cleared to their sister unit, did not remain as such, hence the assessment of duty ought to have been made by determining its value applying Rule 8 by adopting CAS-4 method and not by reversing credit availed - the appellant after being pointed out by the audit and issuance of SCN, discharged the entire amount of duty and interest which is recorded by the Ld Commissioner (Appeals) in the impugned order. Thus, in absence of suppression of facts or mis-declaration, penalty u/s 11AC of CEA, 1944 cannot be sustained - appeal allowed - decided in favor of assessee.
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