2009 (11) TMI 801

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssees herein availed the SSI Exemption under the Notification No. 16/97-C.E. dated 1-4-97, during the financial year 1997-98 upto a clearance value of Rs. 30 lakhs. After crossing this limit of clearance value, they took credit of Rs. 1,89,684/- on capital goods received by them and utilized an amount of Rs. 1,89,106/- for paying duty on final products manufactured and cleared by them from 24-4-97 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r Rule 57A and not under Rule 57Q, as valid. He has also held that the assessee had no intention to evade payment of duty or loss to the exchequer and hence the demand has been dropped by the adjudicating authority. The cumulative effect of the above is that there should have been no liability of the assessees to any penalty. We, therefore, set aside the penalty and allow the appeal. (Order dict .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X