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2012 (4) TMI 533 - AT - Central ExciseDuty demand - Penalty u/s 11AC - Held that:- amount of Rs. 13,69,790/- is already paid prior to the adjudication order and the amount is appropriated in the adjudication order. The provisions of Section 11AC of the Central Excise Act provide the equal amount of penalty in case the demand is confirmed by invoking the reasons of fraud or wilful mis-statement. The provisions of Section 11AC also provide that in case the duty determined along with interest is paid within 30 days of the date of communication of the order, an amount of penalty liable to be paid by such persons shall be 25% of the duty so determined. In the present case, as the amount of duty of Rs. 13,69,790/- is already paid, and appropriated by the adjudicating authority, therefore we find no infirmity in the impugned order whereby the Commissioner has imposed a penalty of 25% of the duty, which is already paid - Decided against Revenue.
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