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2017 (3) TMI 772 - CESTAT KOLKATABenefit of 25% penalty - Held that: - the expression subject to the provisions of Section 11AC of the Act in Rule 25(1) of Central Excise Rules, 2002 would make it clear that the option u/s 11AC of the Act, would apply in Rule 25 of the Rules. Further, it is well settled, that Rules cannot travel beyond the Act. Therefore, the appellant is entitled to exercise the option to pay the penalty, 25% of the duty in terms of Section 11AC of the Act read with Rule 25 of Central Excise Rules - appeal allowed - decided in favor of appellant.
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