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2016 (5) TMI 839 - CESTAT AHMEDABADDemand of short paid duty - Unit closed from January 1998 to March 1998 - Discharged duty under Section 3A of Central Excise Act, 1944 read with Rule 96ZP of erstwhile Central Excise Rules, 1944 - Held that:- since the applicant exercised their option to discharge duty under Rule 96ZP(3), therefore, the period of closure of factory/non-production in our view is immaterial. Therefore, by following the Judgment of Hon'ble Supreme Court in the case of Commissioner of C.Ex. & Customs Vs. Venus Castings Pvt. Ltd. [2000 (4) TMI 37 - SUPREME COURT OF INDIA], wherein it has been laid down that the assessee when exercises option to follow either of the procedures, cannot switch over to the one, beneficial to him, in the same financial year. Therefore, the duty short paid has been rightly confirmed by the Ld. Commissioner and to this extent the order is upheld. Imposition of penalty and recovery of interest - Held that:- in view of the judgment of Hon'ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills Vs.CCE [2015 (11) TMI 1172 - SUPREME COURT], penalty and interest under Rule 96ZP ibid cannot be sustained. - Appeal disposed of
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