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2017 (2) TMI 1030 - CESTAT CHANDIGARHClandestine removal - wrong availment of cenvat credit - penalty u/s 11AC of the Act - Held that: - The amount of duty has already been paid by the appellants before issuance of the SCN. Therefore, the appellant was required to be given an option to pay 25% of the duty as penalty, as per the proviso of section 11AC of the Act - As the penalty against the main appellant has been reduced to 25% of the duty confirmed as per the proviso of section 11AC of the CEA, therefore, considering the gravity of reduction of penalty, the penalty on Sh. Arvinder Pal Singh, Director of the M/s S.K. Sacks is also reduced to the tune of ₹ 35,000/- - appeal disposed off - decided partly in favor of appellants.
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