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2017 (4) TMI 146 - AT - Central ExcisePenalty - invocation of Section 11A - Clandestine removal - shortage of stock - Held that: - the respondent had paid the duty evaded even prior to issue of SCN. However, the benefit of Section 11A (2) will be available only if 25% of the penalty is also paid by the assessee within 30 days from the date of receipt of the order. From the records, it is seen that 25% of penalty has not been paid by the respondent even though the duty amount has been paid within 30 days from the date of communication of Order-in-Original. Hence, benefit of reduced penalty will not be available to the respondent and consequently, the penalty leviable u/s 11AC of the Act will be the amount equal to the duty evaded - appeal allowed - decided in favor of Revenue.
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