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2014 (1) TMI 1563 - AT - Central ExcisePenalty u/s 11AC - Under valuation of goods - Appellants had cleared two consignments under the same serial number of the invoice and accounted for only one consignment in respect of each invoice - Held that:- ingredients contemplated for imposition of mandatory penalty under Section 11AC are in existence and therefore prima facie penalty under Rule 25 of Central Excise Rules could have been imposed. Total duty involved may be around Rs.13 lakhs on the goods and redemption fine of more than Rs.21.65 lakhs has been imposed for redeeming the goods, in my opinion, if the appellant deposits an amount of Rs.2/- lakhs that should be sufficient as pre-deposit for the Commissioner (A) to hear the appeal - Commissioner (A) is requested to hear the appeal and decide the issue on merits after noting compliance with the requirement of pre-deposit - Decided against assessee.
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