TMI Blog2009 (1) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... ising of demand - Accordingly, the equivalent penalty under Section 11AC of the Act shall stand reduced to 25% if the assessee complies with requirement of second proviso to Section 11AC – no infirmity in tribunal’s order of reducing the penalty - 341 of 2008 - - - Dated:- 28-1-2009 - D. A. MEHTA and ABHILASHA KUMARI, JJ. Mr. Y.N. Ravani for the Appellant. None for the Respondent. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emoved from M/s. Akash Fashion Prints Pvt. Ltd. under the provisions of Section 11A of the Central Excise Act, 1944. Since the amount has already been paid willingly by the unit, I appropriate the same against the demand. 2. I impose penalty of Rs.1,03,628/- on M/s.Akash Fashion Prints Pvt. Ltd., Ahmedabad under Section 11AC of the Central Excise Act, 1944. The same shall stand reduced to 25% of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Tribunal had reduced the penalty to 25% of the penalty imposed, the learned counsel once again reiterated request for adjournment. In light of the peculiar facts of the case, the request has been turned down by the Court. 3. Section 11AC of the Act provides for levy of penalty in cases of short-levy or non-levy of duty in certain cases. The first proviso thereunder provides for exception ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was paid prior to the raising of demand has to be considered as having been in compliance with the first proviso. Accordingly, the equivalent penalty of Rs.1,03,628/- under Section 11AC of the Act shall stand reduced to 25% if the assessee complies with requirement of second proviso to Section 11AC of the Act. It is in this context that the Tribunal has reduced the penalty amount. 5. In the ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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