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2017 (3) TMI 1510 - CESTAT CHANDIGARHPenalty u/s 78 - Option of payment of reduced 25% penalty - Whether penalty imposed u/s 78 of the FA, 1994 can be reduced to 25% by invoking the provisions of first proviso to Section 78, when the assessee has not paid 25% of the penalty amount within 30 days of the order as required under the second proviso to Section 78 ibid - Held that: - Since the amount of duty was already paid even before issuance of SCN, we find that direction to deposit 25% of the penalty amount in terms of the second proviso to Section 78 is fair, reasonable and meets the ends of justice - in an identical situation the Hon'ble Punjab & Haryana High Court, in the case of COMMISSIONER OF CENTRAL EXCISE, LUDHIANA Versus M/s CITY CABLES [2011 (11) TMI 65 - PUNJAB AND HARYANA HIGH COURT] where on similar issue, benefit was extended - Respectfully following the above judgment of Hon'ble Punjab & Haryana High Court, which is the jurisdictional High Court, the amount of penalty is reduced to 25% - appeal allowed - decided in favor of assessee.
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