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2019 (9) TMI 240 - CESTAT MUMBAIPenalty u/s 11AC of CEA - differential duty payable due to determination of the cost of production, applying CAS-4 method on the data available on monthly basis - suppression of facts or not - HELD THAT:- There is no dispute of the fact that by applying CAS-4 method with appropriate data, the differential duty of ₹ 3,16,512/- became payable by the appellant. The appellant has not disputed the amount on merit and a part of it was paid by them along with interest. During the relevant period, by applying CAS-4 method on monthly basis, they have paid duty on the stock transferred goods to their sister unit where they availed MODVAT credit. The department applying the CAS-4 method correctly redetermined the value and accordingly, differential duty of ₹ 3,16,512/- became payable. There is no suppression of fact or malafide intention on the part of the appellant in discharging lesser duty involving normal period - the imposition of penalty under section 11AC of Central Excise Act, 1944 is not warranted and the same is set aside - appeal allowed in part.
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