TMI Blog2017 (10) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... nded period of limitation - Held that: - the suppression of fact is established - extended period invoked. Penalty u/s 11AC - Held that: - The penalty u/s 11AC cannot be waived, however it is observed that the adjudicating authority has not extended the benefit of 25% as per the first proviso to Section 11AC - As per the Board Circular No.208/07/2008-CX-6 dt. 22.5.2008, the adjudicating authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit was availed. The repaired transformers are cleared without payment of duty however the appellant did not reversed the cenvat credit on the input used in repair of the transformers. The revenue has demanded the cenvat credit, imposed equal amount of penalty and interest in respect of the inputs used in the repair of the transformers. Initially the demand was raised for ₹ 78,26,657/- s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y therefore there is no mala fide intention due to the confusion that whether the repaired transformer is required to be cleared on payment of duty or otherwise, the appellant did not reverse the credit on the input used in the repairing of the transformers therefore they did not have any mala fide intention, penalty under Section 11AC read with Rule 15(2) should not be imposed. 3. Shri Sanjay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Union of India Vs. Dharmendra Textile Processors - 2007 (215) E.L.T. 321 (S.C.). The penalty under Section 11AC cannot be waived, however it is observed that the adjudicating authority has not extended the benefit of 25% as per the first proviso to Section 11AC. As per the Board Circular No.208/07/2008-CX-6 dt. 22.5.2008, the adjudicating authority must give the option of 25% penal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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