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2008 (12) TMI 178 - CESTAT, BANGALORECenvat Credit – Rule 6 – The respondents are manufacturers of pumps and valves and they were paying duty equivalent to 8% of the value of the clearances under exemption Notification No.10/97. As per Cenvat Credit Rules, 2004, the appropriate duty to be paid is 10.2% on the assessable value on the clearances made under Notification No.10/97. Proceedings were initiated against the respondents for differential duty – held that the non-payment of duty has arisen at the time of budgetary changes. There is no finding in the impugned order that such non-payment was deliberate with an intention to evade Central Excise duty. The respondent had already discharged duty liability along with interest. There is absolutely no justification for imposing equal penalty under Rule 25. The Commissioner (A) has passed a correct order appreciating the peculiar facts and circumstances of the case.
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