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2015 (10) TMI 1341 - CESTAT AHMEDABADValuation - Determination of assessable value - Clandestine removal of goods - Held that:- They have also not quantified the amount before the lower authorities and even before the Tribunal. The contention of the learned Advocate that the duty was not properly quantified cannot be accepted, at this stage. However, we agree with the submission of the learned Advocate that penalty should not be imposed on the Director of the Appellant Company. We do not find any material available on record for imposition of penalty on the Director of the Appellant Company. We have also considered that the Adjudicating authority has not given the option to pay penalty 25% of the duty within specified period imposed under Section 11AC of Central Excise Act, 1944. - Appellant would pay the penalty equal to 25% of the duty within 30 days alongwith duty and interest from the receipt of this order, failing which they have to pay the entire amount of penalty - Decided partly in favour of assessee.
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