Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2009 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (5) TMI 104 - AT - Central ExciseImposition of equal amount of penalty Under Section 11AC - Credit availment on common inputs used in dutiable and exempted goods – separate record and separate inventory not maintained – appellant have not even disputed their liability to pay an amount equal to 8% of the value of the exempted finished products at the time of their clearances. It is only imposition of penalty under Section 11AC - Neither Explanation-II to Rule 6(3) refers to Rule 13 for imposition of penalty if the manufacturer does not pay the amount due under this sub-rule nor Rule 13 provides for penalty in this regard. In view of these circumstances, following the Tribunal’s judgment in the case of CCE v. Sangrur Agro Ltd., I hold that no penalty is imposable on the Appellant under Section 11AC
|