Per Justice K.K. Usha : In this appeal at the instance of the assessee the main challenge against the order passed by the Commissioner dated 10.10.97 is against the imposition of fine.

2. The appellant is a manufacturer of Oxygen gas. It supplies Oxygen gas through pipeline to M/s. Ispat Profiles IndiaLtd. (hereinafter referred to as IPIL). The appellant's factory is set up in the premises of IPIL. A show cause notice dated 5.3.97 was issued to the appellant demanding Central Excise duty amounting to Rs. 27,76,542.89 for the period from 1.3.94 to 30.11.96 on the ground that the value charged by them from M/s. IPIL was less to the extent of free of supply of water and power. It was further alleged that they were charging Rs. 1.50 per NM3 less from M/s. IPIL in comparison to other buyers in the course of wholesale trade. According to the Revenue the appellant deliberately, knowingly and intentionally did not disclose the fact that M/s. IPIL had supplied electricity and industrial grade water free of cost. It is alleged that the appellant suppressed these facts with intention to evade payment of excise duty. The show cause notice contained a proposal for imposition of penalty unde