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2018 (11) TMI 1140 - AT - Central ExcisePenalty - CENVAT Credit - alleged disproportionate in respect of the inputs physically found to be short of book balance - demand alongwith interest and penalty - Held that:- The judgment/Order of this Bench for the earlier period in the appellant’s own case INDIAN ADDITIVES LTD. VERSUS COMMISSIONER CENTRAL EXCISE, CHENNAI [2018 (8) TMI 1576 - CESTAT CHENNAI] has held that Since the issue being an interpretational one and the appellants having litigated the same upto the Hon’ble High Court, penalty not sustainable and is set aside. . As could be seen from the records, the Order-in-Original was passed on 26.07.2006 and the Order-in-Appeal came to be passed on 09.10.2017 whereas, the Hon’ble jurisdictional High Court passed its Order on 23.01.2018. Hence, a reasonable view could be adopted at least for this year/period, to hold that the matter which involved interpretational issue came to be settled after passing of the Order-in-Appeal which is impugned herein and that could be a ground to hold that there was no mala fide intention of evading duty by the appellant. The demand raised against the appellant and the consequential interest levied by the adjudicating authority requires no interference - penalty set aside - appeal allowed in part.
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