TMI Blog2006 (6) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... of the tool owned by M/s. Eicher Motors Ltd. who purchased axle housing and axle assembly manufactured by the appellants [Respondents in Appeal No. E/201/2007] using the tool in clearances made during the period November, 2005. Adjudicating allegation of evasion of duty due to the extent applicable to the amortized cost of the tool owned by the buyer, the original authority demanded a differentia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants to invite equal amount of penalty under Section 11AC of the Act. The order of the original authority or the impugned order does not find that the appellants had wilfully evaded the impugned amount of duty. In the circumstances penalty under Section 11AC on the appellants is uncalled for. In the decision of the Tribunal relied on by the appellants it was held as follows in para 3 : Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be settled by the Full Bench of the Tribunal, the respondents cannot be faulted with for non-inclusion of the cost in the assessable value of the motor vehicle parts manufactured by him. As such, having paid the demand of the duty, the setting aside of the penalty and interest, by the learned Commissioner (Appeals) is correct and does not require any interference. I am in agreement with abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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