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2017 (11) TMI 228 - CESTAT BANGALOREPenalty u/r 25 of CER and u/s 11AC of CEA - revenue neutrality on short payment - Held that: - the valuation of the products cleared to their sister concern at Goa was incorrect and there was under valuation. The under valuation is one of the contraventions of the provisions of Central Excise Act, 1944 and the Rules made thereunder. Hence, the penalty imposed by the first appellate authority seems to be appropriate - clearance to sister concern needs to be considered from the applicability of mens-rea and revenue neutrality while seeking the imposition penalty under section 11AC of Central Excise Act, 1944. In this case appellant may have succeeded on merits if revenue neutrality was agitated - appeal of Revenue as well as Assessee dismissed.
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