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2021 (8) TMI 340 - AT - Central ExciseLevy of penalty under Rule 26 of the Central Excise Act, 2002 - valuation of the air coolers supplied by M/s Mutual industries to the appellant - HELD THAT:- The Show Cause Notice examine the evidence recovered from M/s Symphony and records the statement of various employees of M/s Symphony to allege that the sale price of symphony is much higher than the price at which they purchasing coolers. Learned Counsel assert that the investigation in all these cases was common. The agreement of the appellant with various vendors including Mutual Industry was same as other. The allegations in the Show Cause Notice are also same. From the facts, it is evident that the charges and the allegations are similar. The evidence relied upon by the Revenue is also similar in the circumstances. In the instant case the facts and dispute involved are similar to the case of M/S. RAVI KIRAN PLASTICS PVT. LIMITED AND OTHERS VERSUS COMMISSIONER OF CENTRAL EXCISE & ST., VADODARA [2014 (2) TMI 211 - CESTAT AHMEDABAD] where it was held that the charges levelled against the manufacturers are not sustained. Consequently, no penalty was imposed on the appellant in that case. Penalty set aside - appeal allowed - decided in favor of appellant.
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