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2012 (2) TMI 358 - SC - Central ExciseWhether penalty and interest u/s 11AC of Central Excise Act, 1944 can be levied and collected when the duty has been paid before the issue of Show Cause Notice Held that - In view of decision in case of Union of India Vs. Dharmendra Textile Processors Ors., (2008 - TMI - 31520 - Supreme Court) , Order of Tribunal is set aside and matter is remitted back to Tribunal for its fresh consideration and decision.
Issues: Whether penalty and interest can be levied and collected when duty has been paid before the issue of Show Cause Notice under the Central Excise Act, 1944.
Analysis: The Supreme Court considered the appeal where the issue revolved around the levy of penalty and interest when duty had been paid before the issuance of a Show Cause Notice under the Central Excise Act, 1944. The assessee contended that since the duty was paid before the notice, they were not liable for penalty and interest under Section 11 AC of the Act. The Tribunal sided with the assessee, citing a previous case, and set aside the demands made by the Revenue. However, the Revenue challenged this decision, arguing that a different judgment by the Court covered the issue. The Court referred to the case of Union of India Vs. Dharmendra Textile Processors & Ors., where it was concluded that a previous decision was incorrectly decided. Consequently, the Court decided to annul the Tribunal's orders and remit the matter back to the Tribunal for fresh consideration in light of the Dharmendra Textile Processors case. The Court emphasized that the issue needed to be reevaluated by the Tribunal, considering the new legal perspective provided by the Dharmendra Textile Processors case. Therefore, the Court set aside the Tribunal's previous orders and directed the Tribunal to reexamine the matter. The judgment highlighted the need for a fresh adjudication based on the updated legal interpretation, ensuring that the Tribunal considers the observations made in the Dharmendra Textile Processors case. The appeal was disposed of with these directions, and no costs were awarded in the matter.
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