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Commissioner Versus Eveready Indus. India Ltd.

2016 (335) E.L.T. A72 (All.) - Central Excise Appeal No. 324 of 2009 - Dated:- 27-7-2012 - Mr. Sunil Ambwani and Mr. Aditya Nath Mittal, JJ. ORDER We have heard learned counsel appearing for the appellant. This Central Excise Appeal, under Section 35G of the Central Excise Act, 1944, has been filed by Commissioner of Central Excise, NOIDA against the order of the Customs, Excise & Service Tax Appellate Tribunal, Principal Bench, New Delhi dated 27-11-2008 in Excise Appeal No. 3999 of 2006-SM .....

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est of ₹ 32,198/- @ 24% per annum for the duty short paid at the time of clearance of Zinc Scrap for which supplementary invoices were raised. A show cause notice was issued, which was adjudicated by the Deputy Commissioner by his order dated 28-2-2006. The order was upheld by the Commissioner (Appeals). The Tribunal relied upon Section 11AB(2) which provides as follows : - (2) The provisions of sub-section (1) shall not apply to cases, where the duty had become payable or ought to ha .....

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