TMI Blog2018 (7) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... cate and Shri S.Kharkia, CA for the Respondent (s) ORDER Per Shri V.Padmanabhan 1. The present appeal has been filed against the Order-in-Original No.95/MP/Commr/08 dated 31.03.2008. 2. This is third round of litigation before the Tribunal and is pertaining to the period 1992-1993 to 1996-1997. The respondent carried out stock verification at their various depots in different parts of the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1992-1993 to 1996- 1997. 2) Imposed penalty of Rs. 20,00,000/- under rule 173Q of the Central Excise Rules, 1944. 3) ordered for confiscation of 1531.360 MT of HR Sheet, plate & coil valued at Rs. 2,46,93,417/- with option to redeem the same on payment of redemption fine of Rs. 5,00,000/-. 4) Ordered for charging of interest under Section 11AA of the Central Excise Act, 1944. In compliance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent also being integrated steel plant, undertook such exercise which has resulted in the present appeal. It is also pertinent to record that in Rastriya Ispat Nigam Ltd. vs. Commissioner of Central Excise, Visakhapatnam [2005(191) ELT 1072 (Tri.-Bang.) where in it was held that the Circular No.486/52/99-CX dated 23.09.1999 was retrospective in nature by which the integrated steel plants were re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to record that the section 11AB was introduced in the statute book on 28.09.1996 and the Commissioner has recorded in the impugned order that period of the present demand pertains to the period prior to such date. Consequently the adjudicating authority has imposed payment of interest under Section 11AA. However, we note that the duty demand has been paid by the respondent within a period of three ..... X X X X Extracts X X X X X X X X Extracts X X X X
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