2009 (7) TMI 294

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..... imposed upon the appellant under Rule 15 of Cenvat Credit Rules, 2004 read with Section 11AC of CEA, 1944. – Held that interest is not leviable - there was no mala fide on the part of the assessee and loss of the goods was on account of natural cause – hence, held that imposition of penalty in such circumstances is not called for - E/339/2009 - A/1458/2009-WZB/AHD - Dated:- 9-7-2009 - Shri V.R .....

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..... der Section 11AB of the Act. For the above proposition, he relies upon the Tribunal's decision in case of Sweet Industries [2009 (238) E.L.T. 522 (Tri.-Ahmd.)]. The Tribunal in the above case has held that as Section 11AB applies to the cases of non-levy or short levy of Excise duty by non- payment of duty by the due date as required under law, the same is not applicable in cases of input having b .....

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