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2012 (4) TMI 509 - CESTAT AHMEDABADReduction in penalty u/s 11AC - benefit of payment of 25% of Central Excise duty - Held that:- Since the assessee has not filed any appeal and is not disputing the order in appeal imposing penalty under Section 11AC, the order of the first appellate authority has to be upheld, as there is no dispute as to the fact that the amount of Central Excise duty which has been confirmed by the adjudicating authority was under the first proviso to Section 11A of Central Excise Act, 1944. At the same time I agree with the learned counsel’s submission that even if Section 11AC penalty is imposed, the benefit of payment of 25% of Central Excise duty which has been confirmed by the adjudicating authority, as provided under Section 11AC, should be extended to the appellant - Following decision of M/s. Akash Fashion Prints Pvt. Limited [2009 (1) TMI 113 - GUJARAT HIGH COURT] - Decided partly against Revenue.
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