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M/s L. Kant Paper Mills Ltd. Versus Commissioner of Central Excise, Kanpur

2017 (11) TMI 691 - CESTAT ALLAHABAD

Valuation - annual capacity based production - Section 3A of the Central Excise Act - N/N. 30/97-CE(NT), as amended by N/N. 43/97-CE(NT) - Held that: - Hon'ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills and others Vs Commissioner .....

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f penalty and interest cannot be enforced - there can be no demand of interest and penalty under Rule 96-ZO - appeal allowed in part. - E/3909/2010-EX[SM] - A/71165/2017-SM[BR] - Dated:- 19-9-2017 - Mr. Anil Choudhary, Member (Judicial) Shri A.K. Dix .....

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g with interest @ 18% per annum and imposition of penalty of ₹ 47,02,762/- under Rule 96-Z0 of Central Excise Rules, 1944. 2. The brief facts of the case are that the appellant was a registered dealer and engaged in manufacture of M.S. ingots. .....

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levy of duty under Section 3A of the Act, on the basis of annual capacity which had been filed by the learned Commissioner, Central Excise, Kanpur vide order dated 24/03/1999 on the basis of annual capacity of production of ingots manufactured by th .....

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y the learned Commissioner vide Order-in-Original dated 06/04/2000. The appellant was required to discharge their duty liability in two equal installments, 1st installment to be paid by 15th day of each month and the 2nd installment latest by last da .....

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nd they had deposited ₹ 80,80,475/-, besides these amounts appellant had deposited ₹ 4 lakhs (Rs.2 lakhs in the month of May, 1999+ ₹ 2 lakhs in the Month of June, 1999) against the duty liability for the year 1998-99. Subsequently, .....

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alleged to have remained payable. Accordingly, show cause notice dated 17th May, 2000 was issued requiring the appellant, as to why not the amount of ₹ 5,91,605/- be not demanded, along with interest and further penalty of ₹ 47,02,762/- .....

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ppeal and confirmed the demand and penalty, along with interest. 5. Being aggrieved, the appellant is before this Tribunal. The learned Counsel for the appellant states that the appellant is restricting their prayer to deletion of interest and penalt .....

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