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2018 (2) TMI 777 - AT - Central ExciseClandestine removal - - Held that: - Indubitably, the appellants were in error in not including the money value of the free issue materials and not amortizing the money value of tools issued free of cost by M/s. FIL. Nonetheless, it clearly emerges that their gaffe was only on account of procedural misunderstanding and misinterpretation of law. There is no allegation that appellants had been indulging in clandestine removal of goods without payment of duty. Penalty - Held that: - there is a case for leniency in the matter of imposition of penalties, for which reason, we set aside the imposition of penalties under section 11AC of the Central Excise Act, 1944 and under Rule 25 of Cenvat Credit Rules, 2002/Rule 15 of the CCR 2004 - interest upheld. Appeal allowed - decided in favor of appellant.
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