Excise Duty: Penalty unwarranted as amount paid before issuance of notice

Annamalai Cotton Mills (P) Ltd Vs Commissioner of GST & Central Excise (CESTAT Chennai) CESTAT Chennai held that imposition of penalty unwarranted as differential duty is already paid before issuance of show cause notice. Facts- The appellant was engaged in the manufacture of polyester/cotton blended yarn falling under Chapter 55/52 of the First Schedule to Central Excise Tariff Act, 1985 and were clearing the said yarn from their factory to their consignment agents situated throughout India. The department noticed that while clearing the goods the appellant was adopting a lesser price th...