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TMI Blog2015 (10) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances, the benefit of provision under Section 11AC of the Act was required to be given to the appellant which both the lower authorities have failed to do so. In these circumstances, I reduce penalty on the main appellant to 25% of the duty confirmed which the appellant shall pay after adjusting the amount already paid within 30 days of the receipt of this order failing which the appellant shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it was found that there was a shortage of inputs of 114.880 Metric Tonnes. The appellant could not give any explanation for shortage thereon. It was also found that appellant has taken Cenvat credit of ₹ 2,19,466/- on nickel plates on the basis of invoices issued by M/s. Himalya International, Ludhiana, which in turn was issued on the basis of invoices issued by M/s. AIP Industries, Lud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. A sum of ₹ 10 lakhs paid by the appellant during the course of investigation was appropriated against the impugned demands along with interest and penalties equivalent to duty were confirmed against both the appellants. Aggrieved from the order and imposition of penalty appellants are before me. 3. The ld. Counsel for the appellant submits that the appellants are not disputing duty. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 5. Heard the parties. Considered the submissions. 6. On perusal of the impugned order, I find that the appellant has paid a sum of ₹ 10 lakhs towards the demand on duty of ₹ 7,10,821/- before issuance of the show cause notice. In these circumstances, the benefit of provision under Section 11AC of the Act was required to be given to the appellant which both the lower authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X
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