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2016 (3) TMI 299 - AT - Central ExcisePenalty under Section 11AC - Held that:- The demand of duty alongwith interest and penalty on the assessee is upheld as the appellants are not contesting. As the assessee already paid penalty 25% of the duty alongwith the entire amount of duty and interest before issuance of show cause notice, they are entitled the option as provided under Section 11AC of the Act 1944 and there is no need to pay the balance amount of penalty subject to verification of deposit of ₹ 17,72,000.00, which may be adjusted against the duty. The partner of the partnership firm had already paid the duty before issue of the show cause notice in order to avoid legal proceedings. In such situation, imposition of separate penalty on the partner of the firm is not justified.
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