9911796707
TMI Blog2019 (4) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... initiation of the proceeding for recovery? - HELD THAT:- The authorities below have not extended the benefit to discharge 25% of penalty imposed under Section 11AC of the Central Excise Act, 1944 on the appellant company. Consequently, the appellant company is eligible to discharge 25% of the penalty imposed subject to fulfillment of the conditions laid down under Section 11AC of the Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (Appeals), Pune-I. 3. Briefly stated the facts of the case are that during the relevant period 2004-05, the appellant had availed SSI exemption Notification No. 8/2003-CE dated 1.3.2003 claiming that they fulfilled the condition of the Notification. Alleging that the appellant had, in the previous financial year i.e. 2003-04, exceeded the aggregate value of clearance of all excisable goods ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded the value of clearance of exempted and non-excisable goods also. Hence, the appellant incorrectly availed the benefit of exemption notification for the financial year 2004-05. It is his contention that all their clearances have been duly recorded in their Books of Accounts and nothing suppressed. He submits that before the learned Commissioner (Appeals) and also before this forum, they do not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e exemption in the year 2004- 05, hence extended period has been rightly invoked and penalty imposed. 6. Heard both sides and perused the records. We do not find merit in the contention of the appellant that no penalty is attracted in availing the SSI benefit wrongly. However, the issue whether the appellant is required to discharge penalty equal to the duty since they have paid almost entire a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dingly set aside. 7. Consequently, the appeal filed by the appellant company (E/701/2009) is partly allowed to the extent of extending the benefit to discharge 25% of penalty imposed under Section 11AC of the Central Excise Act, 1944 subject to fulfillment of condition laid down thereunder. Appeal filed by Smt. Sushma Chaudhary (E/699/2009) and Shri Ajit Inamdar (E/700/2009) are hereby allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
