Penalty u/s 11AC unwarranted as Excise duty paid with interest

Caterpillar India Pvt Ltd Vs Commissioner of GST (CESTAT Chennai)

CESTAT Chennai held that duty burden is shifted to the appellant unit only because facility under rule 12BB is opted. Also, penalty under section 11AC of the Central Excise Act, 1944 unwarranted when duty liability is paid with interest.

Facts- Appellants are engaged in manufacturer of ‘Earth Moving Machinery’. During the course of verification of records of appellant by the Audit Wing of the Large Taxpa

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