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TMI Blog2005 (11) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... in appeal in this matter against the non-imposition of penal interest under Section 11AB of the Central Excise Act, 1944. 2. Learned J.D.R. submits that the Commissioner (Appeals) has erred in not imposing the penal interest on the respondent-company under Section 11AB of the Central Excise Act, 1944, as the respondent-company has tried to misguide the Department by taking the Credit of the amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). The said mistake was detected by the respondents Head Office on 28-10-97, and on the same day itself, the amount of Rs. 1,50,000.00 (Rupees one lakh fifty thousand) was paid by the respondent-company and it was duly intimated to the concerned authorities. A show cause notice was issued to the respondent-company, which on adjudication admitted the fact that this was an error and mistake on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7-97 for which interest has been sought to be claimed under Section 11AB of the Central Excise Act, 1944. During the relevant period, the interest which can be imposed on the assessee under Section 11AB was only on a condition that the duty amount has been demanded and confirmed against the assessee under Section 11A and that also, if the said duty is sought to be evaded with a wilful suppression, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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