2009 (9) TMI 600

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..... on 110% of the cost of production with effect from 5-8-2003 - assessee short paid the duty - interest on the short paid duty under Section 11AB of the Act – Held that: - duty short payment had occurred owing to the ignorance of the appellants - penalty imposed under Section 11AC of the Act on the appellants affirmed by him is liable to be set aside - demand of interest, Section 11AB of the Act ma .....

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..... discharge duty liability on poles manufactured and cleared for captive consumption on 115% of the cost of production till 4-8-2003 and on 110% of the cost of production with effect from 5-8-2003. The assessee short paid a total amount of Rs. 2,45,329/- during the material period. Adjudicating a notice issued to them, after due process the original authority demanded an amount of Rs. 2,45,329/- bei .....

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..... m them nor any penalty be imposed on them. They relied on several case law in support of the claim that penalty and interest were not sustainable. During hearing, the learned Counsel for the appellants did not press the challenge against the demand of duty. We have also heard the learned SDR who defends the impugned order. 3. We have carefully considered the facts of the case and rival submissio .....

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