TMI Blog2015 (10) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... Held that:- It is an admitted case that duty was neither paid in cash nor through account current as the duty was paid through CENVAT Credit Account and therefore the assessee did not fulfill the second condition mentioned in the notification. - Tribunal has decided the case in favour of the assessee by observing that clearing of goods with payment of excise duty with current account was only an e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partly in favour of Revenue. - Civil Appeal No(s). 4749/2006 - - - Dated:- 3-9-2015 - Mr. A.k. Sikri and Mr. Rohinton Fali Nariman, JJ. For the Petitioner : Mr. K. Radhakrishnan, Sr. Adv., Mrs. B. Sunita Rao, Adv., Mr. Anurag, Adv., Mrs. Nisha Bagchi, Adv., Ms. Pooja Sharma, Adv., Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. M. P. Devanath, Adv., Mr. Vivek Sharma, Adv., Mr. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16%. However, those who qualified to be covered by the said notification were required to pay duty at a concessional rate of 4%. This notification stipulated two conditions which were to be fulfilled in order to avail the benefit of concessional duty which is clear from the following: Subject to the following conditions namely:- (i) No credit of the duty paid on (a) inputs; or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h account current as the duty was paid through CENVAT Credit Account and therefore the assessee did not fulfill the second condition mentioned in the notification. It is trite that exemption notifications are to be construed strictly and even if there is any doubt same is to be given in favour of the Department. We find that the Tribunal has decided the case in favour of the assessee by obse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a case like this, the mistake, if any, was bona fide which would no doubt deprive the assessee of the benefit of the exemption notification but it is not a case where any penalty or interest should be imposed. We, therefore, set aside the penalty as well as interest charged by the Revenue. We thus, set aside the order passed by the Tribunal. The appeal is allowed in the aforestated terms. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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