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M/s Saco Alloys Pvt. Ltd. Versus Commissioner of Central Excise, Jaipur

2016 (2) TMI 328 - CESTAT NEW DELHI

Shortages found during the course of physical verification - demanding duty along with interest and imposing penalty - Held that:- As the learned Counsel for the appellant has conceded the liability of duty, therefore duty demand is confirmed. With regard to the interest, find that appellant has paid the duty within a month of investigation, no interest is payable by the appellant.

Coming to the imposition of penalty on the appellant as gone through the panchnama and submissions recor .....

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llant has paid the duty before adjudication and moreover within the same month of investigation and no interest was payable by the appellant. In these circumstances, as per the proviso of Section 11AC of the Act, penalty is reduced to 25% of duty in question. Therefore, appellant is directed to pay 25% of duty as penalty within 30 days of communication of this order failing which the appellant shall be liable to pay duty 100% as penalty. - Excise Appeal No. 1392 of 2011-(SM) - Dated:- 27-10-2015 .....

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records recorded balance of SS flats was 167.730 MT but on physical verification, it was 66.23 MT, therefore, there was a shortage of 101.50 MT, a panchnama was drawn before independent panchas and statement of authorized signatory was recorded wherein he has admitted that they have cleared the short found goods without cover of Central Excise invoices and without paying the duty. In these set of facts, a show cause notice was issued to demand duty on finished goods along with penalty under sec .....

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found during the course of investigation, penalty cannot be imposed as held by this Tribunal in the case of [Sri Jaibalaji Ispat Pvt Ltd. 2014 (310) ELT 556 (Tri-Delhi) and Ambica Polytubes [2013 (290) ELT 317 (Tri-Delhi)]. Therefore, he prays that penalty imposed on the appellant be set aside. He also submits that as they have paid duty within a month of investigation, therefore, no interest is payable by them. 4. On the other hand, learned AR opposed the contention of the learned Counsel and s .....

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