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TMI Blog2011 (2) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... nd could be considered in the interest of justice. The appellant having been required to pay duty, penalty of equal amount, interest @ 24%, question whether any further penalty was called for requires consideration - Hence,the questions raised are answered in favour of the assessee - The matter is remanded to the Tribunal for a fresh decision on the application for rectification of mistake in acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of mistake? c. WHETHER the impugned order passed by Ld. Tribunal is perverse and contrary to law? 2. After issuing notice under Section 11AC of the Act, alleging wrongful availment of benefit of exemption, Order-inoriginal dated 31.5.2004 was passed by the Adjudicating Authority confirming the demand of duty and imposing penalty under Section 11AC equal to the duty, confirming demand of i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e point was specifically raised in the grounds of appeal and mistake was legal and apparent on the face of the record. A perusal of para 6 of the grounds of appeal shows that the point had been taken. In any case, the point raised was purely legal and could be considered in the interest of justice. The appellant having been required to pay duty, penalty of equal amount, interest @ 24%, question wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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