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TMI Blog2016 (1) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... & Shri Naveen Bindal, Advs For the Respondent : Shri M S Negi, DR ORDER Per B Ravichandran There are three appeals taken up together for decision as the issue involved is same. Appeal No. E/1381/2009-Ex(DB) and E/1382/2009 -Ex(DB) were filed by M/s. United Chain Industries and M/s. Kay Iron Works (Jorian) Pvt. Ltd. Appeal No. E/1383/2009 Ex(DB) was filed by M/s. Praveen Chandra deals with onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned order were decided by this Tribunal vide order dated 4.9.2009. The appellants challenged the above said order before Hon'ble Punjab and Haryana High Court by way of writ petition. The Hon'ble High Court vide order dated 6.10.2009, after considering the appellants grievance regarding disposal of appeals themselves at the time of hearing stay petitions directed the appellants to file app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vail the benefit of 25% penalty under section 11 AC of the Central Excise Act, 1944 and also wavier of penalty imposed on Shri Praveen Chandra. 4. Learned AR, on the other hand, contested the plea of the appellants for reducing the penalty under section 11 AC as they have not paid the full amount within the time prescribed under the said section. 5. Heard both sides. Examined the appeal records. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f credit by them to a third party becomes crucial for full compensation of revenue loss due to this illegal acts. In this situation, we find that the credit of duty utilized for purported clearance of final product by the appellants resulting in cenvat credit availment by buyers stands recovered at the buyers end as admitted by both the sides. The appellants in the written submissions submitted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the following order:- The demand and consequent interest against the appellant were confirmed. The amount already paid are appropriated towards the said demand. Penalty is reduced to 25% of the confirmed demand in terms of proviso to section 11 AC. Penalty already deposited is appropriated towards this. Penalty imposed on Shri Praveen Chandra is reduced to Rs. 5 lakh. 8. The appeals are dispos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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