2009 (5) TMI 778

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..... . -  The appellants M/s. Mani Omega Granites Pvt. Ltd., an EOU, availed exemption extended under Notification No. 22/2003-C.E., dated 31-3-2003 on TOR steel rods. The lower authorities found that Notification No. 22/2003-C.E. does not cover TOR steel rods. The list of goods exempted for consumption by EOU in the granite industry figured in Annexure-V to the Notification. Though the list cove .....

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..... e submissions made by both sides I find that the Show Cause Notice basic to the proceedings though invoked larger period under Section 11A of the Act, no willful suppression of facts, fraud, collusion etc. on the part of the appellants was alleged. In the circumstances, I find that the penalty imposed under Section 11AC is not sustainable. The penalty is set aside and this appeal is allowed to tha .....

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