9911796707
TMI Blog2008 (1) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... authority no suppression of facts – hence larger period not invokable – since clearance of goods has taken before enactment of Section 11A, penalty cannot be imposed on ground that section was part of statue at time of issue of SCN - E/1479/2000 and 73/2001 - 51 and 52/2008 - Dated:- 23-1-2008 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) Shri R. Ragavan, Advocate, for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they were under the bona fide belief that the said element of cost was not includible in the assessable value of HDPE bags. In any case, TCL would have taken CENVAT credit of whatever duty they paid. There was therefore no intention to evade payment of duty. In the impugned order, which rejected their appeal and sustained the demand denying the SSI exemption, the Commissioner had held that the ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty of Rs. One lakh imposed was not justified. Ld. Counsel prayed for setting aside the penalty. 3 The ld. SDR reiterates the findings in the impugned order. How ever, he does not controvert the submissions relating to suppression of facts and plea, regarding applicability of proviso to Section 11A(1) to raise the demand, by the appellants. 4. We have carefully considered the case records ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Counsel on their behalf. We modify the penalty imposed to Rs. 5,000/- finding it as appropriate and reasonable. The appeal filed by the party is allowed on the above terms. 5. As regards the appeal filed by the revenue, seeking to impose equal amount of penalty under Section 11AC, we find that the impugned clearances had taken place before Section 11AC was enacted. Penalty cannot be impos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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