9911796707
TMI Blog2015 (5) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant or to the imposition of penalty of equivalent amount on the appellant. The said demand has been confirmed under the first proviso to Section 11A (1) of the Central Excise Act, 1944, that is, alleging suppression, wilful mis-statement of facts, etc. with an intent to evade duty. Once the demand is confirmed invoking the said proviso, imposition of penalty under Section 11AC is mandatory a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n for rectification of mistake has been made against final order No. A/775-778/14/EB/C-II dated 05/11/2014 passed by this Tribunal. It is contended by the appellant that upholding of penalty of ₹ 1,55,105/- on the appellant under/Section 11AC of the Central Excise Act, 1944 is an error apparent on the face of the records. The reason attributed is that no penalty was imposed on the applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Cenvat credit of ₹ 22,13,22,732/- under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11A(1) of the Central Excise Act. In clause (vi) of the said order, he has further confirmed a Central Excise duty amounting to ₹ 1,55,105/- in respect of Terpene cleared without payment of duty under the first proviso to Section 11A of the said Central Excise Act. In clause (viii) he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en any contrary findings as to the confirmation of demand of ₹ 1,55,105/- in respect of clandestine clearance of Terpene by the appellant or to the imposition of penalty of equivalent amount on the appellant. The said demand has been confirmed under the first proviso to Section 11A (1) of the Central Excise Act, 1944, that is, alleging suppression, wilful mis-statement of facts, etc. with an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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