TMI Blog2016 (12) TMI 1117X X X X Extracts X X X X X X X X Extracts X X X X ..... y covered in ₹ 6,96,832/- which is not pressed. He has further argued that it is an admitted fact that ₹ 11 lakhs were paid before issue of Show Cause Notice. Therefore, as provided under Sub-section 2A of Section 11A of Central Excise Act, 1944 during the relevant time proceedings get concluded on payment of liability before issue of Show Cause Notice. Therefore, penalty imposed on appellant manufacture and director may be set aside. Held that: - I find force in the arguments put forth by the counsel for the appellant. Therefore, I set aside the confirmed demand of ₹ 52,955/-, ₹ 62,481 & ₹ 64,187 and set aside penalty imposed under Section 11AC and Rule 25 on the appellant manufacture and personal penalty i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 17 GRs of M/s Om Sai Transport Company, Aligarh, without payment of duty, ₹ 62,481/- should not be demanded as Central Excise Duty on 20.150 M.T. of M.S. Ingots which was not recorded in the stock register of 11-10-2006 clandestinely removed, and ₹ 54,246/- should not be demanded as Central Excise duty on 17.5 M.T. of M.S. Ingots which was show on the back of log sheet and does not compare to any maintained records and removed clandestinely and ₹ 64,187/- should not be demanded as Central Excise duty on 20.700 of M.S. Ingots, which was found short on finished stock taking removed from factory without payment of Central Excise duty and why amount of ₹ 11 lakhs already debited by the appellant on 12-10-2006, should n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before issue of Show Cause Notice. Therefore, as provided under Sub-section 2A of Section 11A of Central Excise Act, 1944 during the relevant time proceedings get concluded on payment of liability before issue of Show Cause Notice. Therefore, penalty imposed on appellant manufacture and director may be set aside. 5. The ld. A.R. has supported the impugned Order-in-Appeal. 6. I have taken into consideration the rival contentions. I find force in the arguments put forth by the counsel for the appellant. Therefore, I set aside the confirmed demand of ₹ 52,955/-, ₹ 62,481 ₹ 64,187 and set aside penalty imposed under Section 11AC and Rule 25 on the appellant manufacture and personal penalty imposed on Shri Babu Lal J ..... X X X X Extracts X X X X X X X X Extracts X X X X
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