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2011 (1) TMI 281 - AT - Central ExcisePenalty - clearance of inputs as such - after reversal of the credit of CVD and education cess - submissions on behalf of the respondents that it was, by mistake, that they have failed to reverse SAD component appears bonafide and the same has been rightly accepted by the Commissioner (Appeals) - ground of appeal seeks relief in terms of Rule 25 of Central Excise Rules, 2002 read with Section 11AC - Rule 25 is subject to the provision of section 11AC implies that the penalty imposed under Rule 25 can never exceed the duty evaded which is the prescribed penalty under provisions of section 11AC. Rule 25 does not envisage that the penalty should be always equal to the duty short levied or short paid or evaded and discretion is inbuilt under Rule 25 - Commissioner (Appeals) reducing the penalty from Rs.1,12,246/- to Rs.25,000/- is justified and the same calls for no interference - appeal by the department, rejected
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