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2018 (3) TMI 1109 - AT - Central ExcisePenalty - short payment of duty - non-inclusion of notional profit of 10% in the value of the finished goods cleared by them - Held that: - This issue involves interpretation and various judgments were passed on this issue. Even the legislators also subsequently amended the rule giving a deeming fiction to the trading activity as exempted service. Therefore the issue was not free from doubt. Despite this, the appellant paid the amount - there is no mala fide intention on the part of the appellant for invoking the provisions of Section 11AC - penalty setaside - appeal allowed - decided in favor of appellant.
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