2007 (6) TMI 536 - AT - Central Excise

Summary

Issues involved: Appeal against Order-in-Appeal upholding duty demand and interest confirmation but setting aside penalty under Section 11AC.

Summary:
The appeal was against Order-in-Appeal No. PI/62/06, where the Commissioner (Appeals) upheld duty demand and interest confirmation but set aside penalty under Section 11AC. Despite the respondents not appealing against the demand and interest confirmation, the issue was taken up for disposal. The ld. SDR argued that penalty under Section 11AC was mandatory, citing relevant case law. However, the Commissioner (Appeals) set aside the penalty based on the payment of duty and interest before the show cause notice was issued, following established legal principles. The Tribunal found no merit in the Revenue's appeal and rejected it.

Key Points:
- Appeal against Order-in-Appeal upholding duty demand and interest confirmation but setting aside penalty under Section 11AC.
- Commissioner (Appeals) relied on legal principles regarding payment of duty and interest before show cause notice issuance.
- Ld. SDR argued for mandatory penalty under Section 11AC, citing relevant case law.
- Tribunal found no merit in Revenue's appeal and rejected it based on established legal principles.