9911796707
TMI Blog2009 (11) TMI 747X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. ORDER This appeal filed by the assessee is against a penalty imposed on them under Section 11AC of the Central Excise Act. In adjudication of a show-cause notice, which invoked the extended period of limitation on the ground of suppression of facts by the assessee, the original authority had confirmed a demand of duty of over Rs. 15 lakhs against them and appropriated an earlier payment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. In support of their prayer for setting aside the penalty, the appellant has also invoked the principle of revenue neutrality. It is submitted that, as any differential duty paid by the assessee would be available as Cenvat credit to their sister unit, there was no reason why the assessee should be penalised on the ground of suppression of facts with intent to evade payment of duty. Counsel has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We find that sub-section (2B) of Section 11A is not applicable to this case vide sub-section (2C) of the section, which reads thus :- "The provisions of sub-section (2B) shall not apply to any case where the duty had become payable or ought to have been paid before the date on which the Finance Bill, 2001 receives the assent of the President." The reliance placed by the appellant on the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s any valid ground in this appeal against the demand of interest on duty either. The remaining question is whether Section 11AC could have been invoked on the assessee on the facts of this case. In this connection, learned counsel has submitted that the assessee had been following the instructions of the Board and accordingly assessing the goods to duty of excise. They had been paying duty on asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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