2008 (10) TMI 511

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..... financial year. No proceedings were initiated for alleged irregular availment of credit during the financial year 2000-01. So, the demand of interest under Section 11AB of the Act cannot be sustained without determination of demand of duty - appeal dismissed - decided against Revenue. - E/34/2007-SM(BR) - . 1544/2008-SM(BR)(PB) - Dated:- 23-10-2008 - Shri P.K. Das, J. REPRESENTED BY : Shri .....

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..... ion 11AB of the Act and imposed penalty of equal amount of interest under Section 11AC of the Act. The Commissioner (Appeals) set aside the adjudication order. Hence the Revenue filed this appeal. 3. After hearing both the sides and on perusal of the record, there is no dispute that the respondents are entitled to take the entire credit on the capital goods. It is seen that the appellants receiv .....

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..... 40) E.L.T. 227 (Tri.-Del.) held that invoking of penalty and interest under Section 11AC and 11AB of the Act respectively can be made only in cases where determination regarding evasion of payment of duty had taken place under Section 11A of the Act. In the case of Madura Coats Pvt. Ltd. v. CCE, Tirunelveli reported in 2006 (193) E.L.T. 470 (Tri.) = 2007 (7) S.T.R. 620 (Tri.-Bang.), it was held th .....

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