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2011 (4) TMI 996 - CESTAT, NEW DELHIPenalty imposed is for duty evaded imposed under Section 11AC of the Central Excise Act independent of Rule 25(b) - Once penalty under section 11AC is imposed there is no scope for imposing penalty under Rule 25(b) for the same offence - Since the demand was already paid before the issue of SCN, the adjudicating authority should have given the option to pay applicable interest and 25% of the duty evaded penalty imposed on Director under rule 26 of the Central Excise Rules, no legal requirement that the penalty should be equal to the duty evaded - After giving concession of paying 25% of duty evaded to the main appellant it is harsh to impose this amount of penalty on the Director of the company. So reduce this penalty to Rs. 70,000/-, Appeals are disposed of
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