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2018 (1) TMI 1256

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..... three appeals are being disposed of by a common order as they arise out of the same impugned order of the Commissioner (Appeals) involving same set of facts and circumstances. 2. The appellant who is engaged in the manufacture of various qualities of paper was depositing Central Excise duty with the Revenue, in terms of the provisions of Rule 8, within the period prescribed therein. However, in .....

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..... filed with the Revenue. The duties not paid in time, were subsequently deposited by them along with interest amount. In such a scenario, imposition of penalty under Rule 25 was not justified. He also submits that Rule 25 is subject to the provisions of Section 11AC, which can be invoked only when there is willful suppression, mis-statement on the part of the assesse. He draws my attention to vari .....

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..... orted as CCE Vs. Saurashtra Cement Ltd. - 2010 (260) ELT 71 (Guj.). The said decision stands followed by various Benches of the Tribunal. Reference can be made in the case of F.S. Engineers Vs. CCE, Ahd. - 2013 (293) ELT 61 (Tri.-Ahmd.) wherein it was observed that non-payment of duty within the period prescribed in terms of Rule8, which duty liability was mentioned in the returns and the subseque .....

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