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Cyan Formulators Pvt Ltd Versus Commissioner of Central Excise, Pune-II

2015 (6) TMI 502 - CESTAT MUMBAI

Duty demand u/s 11A - Interest u/s 11AB - Penalty u/s 11AC - Bar of limitation - Held that:- Issue is already covered by the judgment of hon'ble Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur - [2007 (12 .....

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n providing for limitation rather otiose. In view of the said decision of the hon'ble Supreme Court, we do not find any reason to interfere with the order passed by the Commissioner (Appeals). - Decided against assessee. - Appeal No.E/1570/2011, Appl .....

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of the case are that the appellant was issued a show cause notice in March 2010 for recovery of an amount of ₹ 7,72,508/- under the proviso to Section 11A(1) of the Central Excise Act, 1944 along with interest under Section 11AB of the Central .....

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/Central Excise/2010 dated 02/11/2010 wherein the original authority confirmed a demand of ₹ 6,61,128/- along with interest and equal amount of penalty under Section 11AC. 2. Aggrieved by the said order, the appellant filed an appeal before the .....

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ned order, it is observed that even after taking the date of receipt as 15/12/2010 the appeal has been filed beyond the period of 90 days. Under Section 35 of the Central Excise Act, 1944 an appeal can be filed within 60 days from the date of communi .....

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