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Commissioner of Central Excise and Customs Versus M/s. Mecon Prefabs

Imposition of penalty - clearance of goods under SSI exemption without payment of excise duty even after crossing the SSI exemption limit of ₹ 1/- crore as specified under Notification No.8/2003 dated 1.3.2003 - Held that: - reliance placed in the case of RASHTRIYA ISPAT NIGAM LTD. Versus COMMISSIONER OF C. EX., VISAKHAPATNAM [2002 (11)234 - CEGAT, BANGALORE], where it was held that penalty is not imposable when duty demand is deposited before the issue of show-cause notice - appeal dismis .....

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moved the goods without payment of excise duty even after crossing the SSI emption limit of ₹ 1/- crore as specified under Notification No.8/2003 dated 1.3.2003, the departmental officers carried out verification of records of the assessee and undertook further investigations resulting in issue of show-cause notice dated 3.5.2006 followed by the impugned order in which Central Excise duty demand was confirmed for a sum of ₹ 50,03,356/-. In the impugned order, a part of the demand was .....

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. 3. The learned DR while reiterating the grounds advanced by the Revenue, submitted that the excise duty demand has been confirmed in the impugned order by upholding the allegation of suppression on the part of the respondent and invoking the extended period under Section 11A, consequently, mandatory penalty under Section 11AC should have been imposed. 4. Since the Revenue has challenged the impugned order only on the ground of non-imposition of penalty, we do not interfere with the findings in .....

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