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2011 (3) TMI 1649 - HC - Central ExciseBenefit of treatment of value received as cum duty - quantification of duty - reduced penalty of 25% - Held that: - 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, Surat-II v. Mahalaxmi Industries [2010 (2) TMI 676 - GUJARAT HIGH COURT], where it was held that If the duty amount with interest is not paid in time 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.
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