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TMI Blog2017 (11) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... wa After hearing the Revenue and after denying the request for adjournment, we proceed to decide the appeal in as much as the challenge in the appeal is only to imposition of penalty. Accordingly, we have heard ld. AR and have gone through the impugned order. 2. As per the facts on record, the appellant is engaged in the manufacture of Elastic Rail Clips, Swtiches with fittings for Railways on j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... particular Notification No.05/2006-CE dt. 01.03.2006 which excluded the value of Rails from the value of the final product; on the ground of availability of Cenvat Credit as also on the entire consideration, being cum-duty price. The appellant has also challenged the imposition of penalty upon them on the ground that they were filling ER-1 returns with Revenue and there was no suppression so as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abad, it was specified that no excise duty shall be payable on basic rates of fabrication. This fact, according to the appellant, lead them to believe that the job work being done by them did not attract any duty of excise. Further, we also note that the appellants were filling periodically ER-1 returns during the period in question which leads to inevitable conclusion that there was no suppressio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er strengthened the assessees believe that their activity does not amount to manufacture. 7. Accordingly, we are of the view that in the absence of any evidence to the contrary reflecting upon the assessee's mala-fides, imposition of penalty upon them is not justified. 8. We accordingly set aside the penalty by upholding the confirmation of demand and interest as being not contested by the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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