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2014 (10) TMI 193 - AT - Central ExcisePenalty under Section 11AC(1)(a) - Held that:- appellant is neither disputing the duty amount or interest or 25% of penalty. We have examined the provisions of Section 11AC (c) which are to the effect that where duty determined under sub-Section (10) of Section 11A and the interest payable under Section 11AA is paid within 30 days of the date of communication of the order of the Central Excise officer, the amount of penalty liable to be paid by such person ‘shall’ be 25% of the duty so determined. As such, the said provision provides lowering of the penalty to 25% in the cases the entire deposits are made within 30 days. Admittedly, the said deposits stand made by the appellant within a period of 30 days of passing of the order in which case the penalty shall stand reduced to 25%. Accordingly, we hold that the appellant are not required to pay the balance 75% of the penalty - Decided in favour of assessee.
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