9911796707
TMI Blog2004 (6) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... S.L. Peeran, Member (J)]. - This appeal arises from Order-in-Appeal No. 111/2003, dated 14-2-2003 by which, the Commissioner (Appeals) has confirmed the order passed by the Additional Commissioner wherein a duty amount of Rs. 24,052/- has been demanded besides imposition of penalty of the same amount under Section 11AC. There is a further penalty of Rs. 1,000/- imposed under Rule 173Q and interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essable value or not. The assessee had collected these charges from buyers by issuing debit notes without showing the same for the invoice and the same has not been informed to the department nor a declaration filed under Rule 173C(3A) on this aspect. The department, under investigation, found that the assessee had collected this block and stereo charges by way of debit notes and hence proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncludible in the assessable value. He submitted that the interest was also liable to be imposed as the provision of Section 11AB was introduced during 1996, much before the proceedings were commenced and, therefore, there was no infirmity in the impugned order. He also relied on the judgment rendered in the case of Prabhat Castings v. CCE, Belgaum - 2001 (137) E.L.T. 964 (Tri.-Bang.) which has als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (T) = 1999 (35) RLT 9 (CEGAT)]. Therefore, the equal amount of penalty imposed under Section 11AC is reduced to Rs. 10,000/-. There is no ground to set aside the imposition of interest as the provision of imposing interest was introduced w.e.f. 28-9-1996 by Section 76 of Finance Act, 1996. Therefore, the levy of interest is justified and held that there is no cause to reduce the penalty of Rs. 1,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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