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2018 (11) TMI 9 - AT - Central ExcisePenalty u/s 11AC - short levy or non-levy of paper cess or education cess - N/N. 4/2006-CE dated 01.03.2006 - final product is exempted from payment of basic duty of excise - Held that:- Since the appellant's final product was fully exempt from payment of duty, they could have entertained a bonafide belief that the same does not attract any duty also on account of cess or education cess. In the absence of any evidence to the contrary, no malafide can be attributed to them so as to impose any penalty. Suppression of facts or not? - Held that:- Admittedly, the appellant was enjoying the exemption for the first clearance upto 3500 MT and this fact was in the knowledge of the revenue as also being reflected in the returns. Mere non mention of the Notification number would not make the assessee guilty of any suppression or misstatement with the malafide intention to evade taxes - it cannot be said that the said availment of credit was with any malafide intention. Part of the demand is within the limitation period, which is upheld alongwith interest - penalty set aside - appeal allowed in part.
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