TMI Blog2019 (9) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... t at Raigad and pursuant to the mining operation, the mining unit transfers coal to their steel manufacturing unit at Raipur for captive consumption. Further, admitted fact is that the output of both the mining unit as well as the steel manufacturing unit is dutiable. Thus, the situation is wholly Revenue neutral. Further, it is admitted fact that the respondent has deposited the differential d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the other appeal. 2. The only issue in this appeal is whether the Commissioner (Appeals) is justified in setting aside the penalty under Section 11AC of the Act. 3. Brief facts of the case are the respondent is holder of Central Excise registration and is engaged in manufacture of Coal falling under the chapter heading 27011990 of the Central Excise Tariff Act, 1985. They are also availin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith Section 4 of the Central Excise Act, 1944, therefore, the amount of ₹ 61,63,604/- appeared to be liable for recovery under Section 11A(4) of the Central Excise Act, 1944 alongwith interest under Section 11AB /11AA of the Act, ibid. However, respondent agreed and paid differential duty of ₹ 61,63,604/- with interest of ₹ 26,30,954/- on 30.04.2015. 5. Thereafter, a show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent assessee preferred appeal before the Commissioner (Appeals). Learned Commissioner (Appeals) have been pleased to record the finding that the respondent have suo motu worked out the undervaluation and deposited the tax with interest, before issuance of show cause notice. It is further observed that there is no allegation of fraud, suppression of facts, misrepresentation etc. on the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consumption. Further, admitted fact is that the output of both the mining unit as well as the steel manufacturing unit is dutiable. Thus, the situation is wholly Revenue neutral. Further, it is admitted fact that the respondent has deposited the differential duty after getting the inputs from the Cost Accountant, in the form of CAS-4 report/ certificate. Thus, there is no condition precedent avail ..... X X X X Extracts X X X X X X X X Extracts X X X X
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