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2014 (4) TMI 762 - AT - Central ExciseCENVAT Credit - Penalty u/s 11AC - discharge of 25% of the amount confirmed as duty liability - Held that:- appellant needs to pay interest as the provisions of Section 11AB will apply in this case even if cenvat credit is reversed before the issuance of show cause notice. Accordingly, we hold that the appellant is also liable to pay interest on the amount of duty liability which has been confirmed. Adjudicating authority will quantify and convey the amount of interest payable by the appellant as early as possible and on such communication, appellant will pay the interest within thirty days and report compliance to the adjudicating authority - if the lower authorities have not extended the benefit of discharge of 25% of the amount of the duty liability as penalty as provided under Section 11AC of the Central Excise Act, 1944, Tribunal is at liberty to extend these benefits to assessee-appellant. From the records we find both the lower authorities have not extended this benefit to the appellant. Accordingly, respectfully following the ratio of the Honble High Court of Gujarat [2009 (1) TMI 113 - GUJARAT HIGH COURT] we extend the benefit of payment of 25% of the amount of the duty liability as penalty within thirty days from the date of receipt of this order - Decided partly in favour of assessee.
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