TMI Blog2011 (3) TMI 1649X X X X Extracts X X X X X X X X Extracts X X X X ..... and even reduced penalty of 25% of the duty amount is not paid in time and option is not given to the respondent assessee, we have taken the view that such option should be given to the assessee and period of 30 days would commence from the date of giving such option - appeal dismissed - decided against appellant. - Tax Appeal No. 1084 of 2010 - - - Dated:- 10-3-2011 - MR. AKIL KURESHI AND MS SONIA GOKANI, JJ For the Petitioner : Mr Gaurang H Bhatt For the Respondent : None ORDER (Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Revenue is in appeal against judgement of the tribunal dated 23.10.2008. Though several questions are proposed, we find that principally there are two issues agitated by the Revenue. Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these circumstances, the matter has to be remanded to the original adjudicating authority for the limited purpose of treating the amount received as cum duty value and rework the duty liability and also quantify interest since full amount of duty has been paid and also to give an option to pay 25% of the penalty with interest if paid within 30 days of the order. Having heard learned counsel for the Revenue, we find that first question is based purely on facts. Tribunal, as noted, observed that there is no evidence to show that value received by assessee was excluding duty. Further question of reduced penalty was considered by this Court in somewhat similar situation in case of Commissioner of Central Excise and Customs, SuratII v. Mah ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the levy of penalty under Section 11AC of the Act upto Tribunal and for the first time the Tribunal had reduced the penalty under Section11AC of the Act to the extent of 25% of the duty amount on the ground that the duty amount was paid by the respondentassessee much before the issuance of show cause notice, we direct the adjudicating authority to call upon the respondentassessee to pay the penalty as reduced by the Tribunal and also the interest amount, if any, under Section 11AB of the Act, within 30 days from the date of receipt of communication, failing which the respondentassessee would be liable to pay penalty under Section11AC to the extent of 100% of the duty amount. In this view of the matter, no interference is called for in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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