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Ciron Drugs And Pharmaceuticals Pvt. Ltd., Versus Commissioner of Central Excise, Mumbai

2018 (2) TMI 800 - CESTAT MUMBAI

Demand of interest and penalty - demand has been made without raising any demand under Section 11A of CEA - Held that: - no demand of interest and imposition of penalty can be made unless there is a determination of duty under Section 11A of the Cent .....

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Mr. Raju, Member (Technical) Shri.S.S. Gupta, Advocate for appellant Shri.H.M. Dixit, Asst. Comm. (AR) for respondent Per: Raju 1. This appeal has been filed by M/s.Ciron Drugs & Pharmaceuticals Pvt. Ltd. against demand of interest and impositio .....

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ng Mills Pvt. Ltd. - Order No.A/86556-86557/16/SMB dated 22/02/2016 and on the decision of the Tribunal in the case of Eicher Demm. - 2002 (140) ELT 227 (Tri-Del), which has been upheld by the Hon ble High Court as reported in 2010 (2520) ELT 519 (HP .....

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dication proceedings? under Section 11A of the Central Excise Act or any other provisions had been conducted at all. A perusal of Section 11AC and 11AB makes it clear that those sections can be invoked only in cases where determination regarding evas .....

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