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2018 (6) TMI 1210 - AT - Central ExcisePenalty u/s 11AC of CEA, 1944 - SSI Exemption - Valuation of aggregate clearances - inclusion of value of exempted goods for computing the aggregate value of goods of excisable goods - Held that:- The appellant is a wholly owned public sector undertaking of the Government of Karnataka and the Department conducted audit for the period June 2003 to Jun3 2005 and all the documents were supplied to the audit part and the audit party did not find that the appellant has wrongly availed the exemption. The appellant paid the entire duty when they realized that they are not entitled to the exemption - Further the appellant has not suppressed any facts from the Department and they have filed all the documents including the balance sheet, Profit & Loss Account and other documents. Since they have paid the duty and there was no intention to evade and demand is also within the normal period of limitation and the provision to Section 11AC(1) has not been invoked in the instant case - the ingredients of Section 11AC of the CEA are not present to impose penalty equal to duty. Penalty not warranted - appeal allowed - decided in favor of appellant.
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