9911796707
TMI Blog2011 (3) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... of facts or contravention of provisions Act or Rules with an intent to evade payment of duty - Therefore, in the light of the judgment of the Hon'ble apex court in the case of Union of India v. Rajasthan Spinning & Weaving Mills [2009 -TMI - 33419 - SUPREME COURT OF INDIA], no penalty is imposable on the assessee. - E/1679 & 1796/2005 - A/255-257/2011-WZB/C-II(EB) - Dated:- 16-3-2011 - S/Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and caps on payment of duty to their another manufacturing unit. However, they did not pay duty on the correct assessable value as per Rule 8 of the Central Excise (Valuation) Rules, 2000 i.e. cost plus 15% of the cost. Later on, assessee realised their mistake and voluntarily paid the differential duty on 4-2-2003. Thereafter, they intimated to the department of the rectification of their mistake ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department and allowed the appeal of the assessee. Against that order, Revenue preferred an appeal before the Hon ble High Court of Bombay on the ground that when duty has been confirmed under Section 11A of the Act, mandatory penalty is leviable on the assessee under Section 11AC of the Act. After considering the contention of the Revenue the Hon ble High Court of Bombay vide order dated 18- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the correct value of their clearance and on realising the same, they paid the differential duty along with interest and intimated the same to the department immediately. It is also on record that, thereafter show cause notice was issued to the assessee. We have also gone through the decision of the Hon ble apex court in the case of Union of India v. Rajasthan Spinning Weaving Mills (supra) where ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
