TMI Blog2007 (1) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Aggrieved by the Order passed by the Commissioner of Central Excise and Customs (Appeals), the Revenue in appeal. The respondents herein is engaged in the manufacture of exercisable goods viz. Bearing Bushes, Metal Strips and Copper alloy powder falling under Ch. 84, 72 74 of CETA, 1985. They were also availing Cenvat Credit facility under Cenvat Rules, 2002. 3. The Joint Commissioner, Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st and imposition of penalty. Therefore, the assessee have filed an appeal before the Commissioner (Appeals). Though the Commissioner (Appeals) confirmed the demand but set aside the penalty amount on the following grounds :- (a) There appears no suppression, misstatement on the parts of appellants, therefore, the provisions of Section 11 AC cannot be made applicable as the appellants had th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 1,22,000/- TR6 Challan No. 16 dtd. 15-2-2003 Rs. 56,089/- Cenvat (December 2002) Rs. 11,051/- Cenvat Capital 1-4-2003 Rs. 1,70,934/- Total Rs. 4,40,074/- 5. In the impugned Order the Commissioner (Appeals) though agreed partially with the Order passed by the adjudicating authority as far as confirmat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the goods from a factory during lock out and under notice of strike, the appellants should be in a position to deposit the duties as provided under law. In view of this circumstance, the observations made by the ld. Commissioner (Appeals) appear to be not correct and cannot be upheld in saying that there was no willful attempt in not discharging duty. Penalty for noncompliance of the Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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