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Commissioner Of C. Ex. vs Banswara Syntex Ltd. on 2 March, 2007

& Madras High Court in Commissioner of Central Excise, Tiruchirapalli-I v. CEGAT, Chennai and in Beauty Dyers v. Union of India has construed the provision of 11AC of Central Excise Act as laying down the maximum limit of penalty to be levied and not the fixed amount of penalty and held that discretion to levy lesser penalty than the amount equal to the amount of duty vests with the assessing officer.
Rajasthan High Court - Jaipur Cites 8 - Cited by 0 - G K Vyas - Full Document

M/S. Solocare Medicals (P) Ltd vs Cce, Chennai Iv on 17 March, 2017

Appearance Shri N. Viswanathan, Advocate for the Appellant Shri S. Govindarajan, AC (AR) for the Respondent CORAM Honble Shri D.N. Panda, Judicial Member Honble Shri Madhu Mohan Damodhar, Technical Member Date of Hearing / Decision: 17.03.2017 Final Order No. 40510 / 2017 Per D.N. Panda Learned counsel submits that the duty element paid on the input when sought to be set off against the ultimate liability on the finished goods, department denies the same on the ground that the input supplied was exempt from duty. It is further submission of the appellant that the Honble High Court of Madras in the case of Commissioner of Central Excise, Chennai Vs. CEGAT, Chennai as reported in 2006 (202) ELT 753 (Mad.) has held that in the scheme of MODVAT credit which is designed to mitigate double taxation, the raw material suffering duty should get exemption when it is incorporated into the final goods and the final goods suffers duty.
Custom, Excise & Service Tax Tribunal Cites 1 - Cited by 0 - Full Document
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