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2017 (11) TMI 1782

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..... under the provisions invoked in the Show Cause Notice and grants them immunity from penalty in excess of the above amount - The Settlement Commission further observed that the “above immunity to the applicant are granted under sub-section (1) of Section 32K of the Act. Attention of the applicant is also drawn to the provisions of sub-sections (2) and (3) of Section 32K of the Act." As stated t .....

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..... appellant Shri R.P. Agrawal is the Director in M/s. Jammu Pigments Pvt. Ltd. who issued 18 invoices in the name of M/s. Mittal Pigments, Rajasthan. Later, it was found that against the said 18 invoices, no goods were supplied. Payment shown by the M/s. Mittal Pigments have been reversed. In these circumstances, the Department opined that Area Based Exemption has been misused by M/s. Jammu Pigments .....

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..... 18 invoices issued to M/s. Mittal Pigments (P) Ltd., Kota and are hence liable for penalty. . Finally, the Settlement Commission has levied the penalty of Rs. one lakh on the main appellant and ₹ 25,000/- each on co-appellants No. 1 2, under the provisions invoked in the Show Cause Notice and grants them immunity from penalty in excess of the above amount. 5. The Settlement Commission .....

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