INDIAN OIL BLENDING LTD. Vs. CCE

JUDGEMENT

(1.) IN this appeal, filed by M/s. Indian Oil Blending Ltd., the issue involved is whether in the facts and circumstances of the case, a penalty is imposable on them.

(2.) XXXX

(3.) COUNTERING the arguments, Shri A.K, Mondal, Ld. DR, submitted that duty amounting to Rs. 44,36,158.90 had been short paid by the appellants in respect of excisable goods cleared by them during the period from 25.10.96 to 31.8.98; that enquiry revealed that I.O.C. Lubefield despatched lubricating oil/preparations to different depots of M/s. I.O.C. by adding upcountry depot surcharge; that knowing fully well about the charging of surcharge extra, they had suppressed the material fact from the Department with the intent to evade payment of duty; that accordingly provisions of Section 11AC of the Central Excise Act are applicable.