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TMI Blog2017 (11) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... he contraventions of the provisions of Central Excise Act, 1944 and the Rules made thereunder. Hence, the penalty imposed by the first appellate authority seems to be appropriate - clearance to sister concern needs to be considered from the applicability of mens-rea and revenue neutrality while seeking the imposition penalty under section 11AC of Central Excise Act, 1944. In this case appellant ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... side the penalty imposed under section 11AC of the Central Excise Act, 1944. 4. Learned consultant appearing for the appellant takes me through the entire case records and submits that the first appellate authority has set aside the penalty imposed under the provisions of the section 11AC on the ground that there is revenue neutrality on short payment which was noticed. He would submit that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e specifically lays down the allegations of under valuation by the appellant in respect of goods cleared to their sister unit at Goa for further use of manufacture of home appliances at Goa and cleared thereof on payment of appropriate duty. It was noticed on verification of records that the appellant has not valued such electric motors cleared as per the provisions of section 4(i)(b) of the Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the revenue, I find that the appellant had demonstrated before the first adjudicating authority that under valuation which has occurred is inadvertent and the question of revenue neutrality arises as the goods are cleared to their own sister concern. He would be eligible to avail Cenvat credit which is undisputed, the finding that the issue of suppression and mis-statement would not aris ..... X X X X Extracts X X X X X X X X Extracts X X X X
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