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2013 (5) TMI 600 - AT - Central ExcisePenalty - Revenue’s prayer is for enhancement of the penalty amount to the extent of 100% of the duty amount.Held that:- Appellant had deposited the entire duty alongwith penalty of Rs. 15,000/-. In terms of the proviso to Section 11AC, if an assessee deposit the entire dues alongwith 25% penalty within 30 days of the passing of the order the penalty is required to be reduced to 25%. Thus, if the appellant have deposited the entire dues including 25% of the penalty, the penalty shall stand restricted to 25% of Rs. 50,145/-. The revenue’s appeal is dismissed.
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