TMI Blog2016 (11) TMI 1335X X X X Extracts X X X X X X X X Extracts X X X X ..... ice and the impugned order. In the show cause notice no mala-fide has been alleged against the appellant, therefore, no penalty can be imposed under Rule 25 of the Central Excise Rules, 2002. Admittedly, the provisions of section 11AC of the Act are missing, therefore, no penalty is imposable on them. I find that during the intervening period, the appellant was having sufficient balance in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al) Sh. Vikrant Kackaria, Advocate - for the appellant Sh. Harvinder Singh, AR - for the respondent ORDER The appellant is in appeal against the impugned order demanding interest and imposing penalty under Rule 25 of the Central Excise Rules, 2002. 2. The facts of the case are that the appellant is located in the state of Jammu Kashmir and availing benefit of Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. Later on, a show cause notice was issued to the appellant on 26.02.2014 to demand interest for the intervening period and to impose penalty under Rule 25 of the Central Excise rules, 2002. The matter was adjudicated. The demand of interest was confirmed and penalty ₹ 10,000/- was imposed under Rule 25 of the Central Excise Rules, 2002. Aggrieved from the said order, the appellant is be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand, the Ld. AR supported the impugned order and submits that the reversal of amount was done in March, 2013 itself, therefore, a show cause notice was issued within time. 5. Heard the parties and considered the submissions. 6. I have gone through the show cause notice and the impugned order. In the show cause notice no mala-fide has been alleged against the appellant, therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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