2018 (8) TMI 1164

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to 31.12.2013, certain objections were raised by the audit team. The appellants had agreed with the objections of audit team and voluntarily deposited the duty, interest and applicable penalty by taking benefit of Sections 11A(5), (6) & (7) of the Central Excise Act, 1944 and Section 73(4A) of the Finance Act, 1994. After deposit of the duty, interest and applicable penalty by the appellants, the adjudicating authority concluded the proceedings in terms of aforementioned sections of Central Excise Act, 1994 and Finance Act, 1994, and did not issue any show cause notice in the matter. The appellants filed an application for refund on 31.12.2014 on the ground that they did not receive any audit note nor any show cause notice indicating the l .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... as issued. He informed that a copy of APR No. 464/2013-14 dt. 28.02.2014 was sent to appellants by the Department. 5. Heard the parties and perused the record. 6. I find that the following facts are not disputed in the present appeal:- (i) Audit for the period of 2010-11 to 2012-13 was conducted by the audit team during the month of December, 2013. (ii) After agreeing with the audit objections, the appellants paid the amount of duty, service tax, interest and applicable penalty and intimated the Department accordingly. (iii) APR No. 464/2013-14 was also issued by the Department covering the entire audit proceedings including details of payments made by the appellants. I also find that after agreeing with the findings of Audit, the app .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h interest and applicable penalty by the concerned assessee. These provisions are clearly meant to shorten the further proceedings both for the assessee and the Department. The assessee gets the benefit of reduced penalty from 100% to just 1% penalty for each month of default and the Department accomplishes prompt compliance without resorting to the adjudication proceedings beginning with show cause notice. In these circumstances, I find that requirements of Sections 11A(5), (6) & (7) ibid and Section 73(4A) ibid having been met by the assessee in order to avail the benefit of lower penalty, no show cause notice was issued as mandated under said Sections and the proceedings were correctly concluded. In these circumstances, case laws relied .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X