Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2011 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (5) TMI 210 - AT - Central ExciseQuantum of Penalty - Clandestine removal - Prayer is to reduce the penalty - Lower authorities should have extended an option to the appellant to deposit the entire dues along with 25% of the penalty within 30 days from the date of passing of the order, in terms of provisions of proviso to Section 11AC, in which case, the penalty shall stand reduced to 25% of the amount - The Tribunal, in the case of M/s Swati Chemicals & others and Hon'ble High Court of Gujarat in the case of M/s Exotic Associates Vs. CCE, has held that where no such option is extended by the lower authority, the same can be extended by higher appellate forum - It is made clear that failure to deposit the above penalty, will result in upholding the penalty of 100% imposed by the lower authority.
|