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TMI Blog2016 (11) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... d against OIA No.MS/73/SRT-II/2008, dt.20.06.2008, passed by Commissioner (Appeals), C.Ex. & S.Tax, Surat-II. 2. The brief facts of the case are that the Appellants are engaged in the manufacture of Air Mingled Polyester Yarn, which were exempted prior to 01.03.1999 by virtue of Notification No.5/98-CE, dt.3.6.1998. However, the said product became remove from the exemption list ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of penalty under Rule 173Q of Central Excise Rules 1944. Also, she directed recovery of interest under Section 11AB of Central Excise Act, 1944. Hence, the present appeal. 3. The learned Advocate Shri Willingdon Christian for the Appellant submits that the clearance of Air Mingled Polyester Yarn, erroneously availing the benefit of exemption notification during the month o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence of any suppression, mis-declaration etc, interest under Section 11AB of Central Excise Act, 1944 as was before 11.05.2001, is not attracted. In support of his argument, he refers to the judgment of this Tribunal in the case of National Fertilizers Ltd Vs CCE New Delhi-III - 2004 (164) ELT 455 (Tri-Del). 4. The learned Authorised Representative for the Revenue reiterates the find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Act and the Rules made thereunder while clearing the goods availing the exemption Notification. Therefore, imposing of nominal penalty would meet the ends of justice. Keeping in view the circumstances, in my opinion, imposition of penalty of Rs. 5,000/- would suffice the purpose. Accordingly, the penalty is reduced from Rs. 44,021/- to Rs. 5,000/- (Rupee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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