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2011 (11) TMI 293 - AT - Central ExcisePlea for reduction of penalty to higher appellant forum - no option given by the authorities for depositing the entire dues within a period of 30 days from passing of the order in which the penalty would have been reduced to 25% in terms of proviso to section 11AC – Held that:- Issue is no more res integra. Where no option has been given by the authorities below, the said option can be extended by the higher appellate forum. Thus, while upholding the imposition of penalty to the extent of 100%, option is given to assessee to deposit the entire dues along with 25% of penalty within a period of 30 days from passing of the order, in which case penalty shall stand reduced to 25% of the duty amount. - Decided in fvaor of assessee.
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