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2017 (10) TMI 547 - AT - Central ExcisePenalty u/s 117 of CA, 1962 - Held that: - It is indeed a fact that during the disputed period, the maximum penalty that could be imposed under section was only ₹ 10,000/-. Only with effect from 18.05.2008, the penalty under this provision was increased to ₹ 1,00,000/-. However, the adjudicating Commissioner had imposed a penalty of ₹ 2,50,000/-, which is without legal basis and thus requires interference - penalty u/s 117 is required to be reduced to ₹ 10,000/-. Penalty u/r 25 - Held that: - there was no malafide intention to evade payment of duty and that the duty along with interest has already been paid. However, even taking into consideration the violation of the conditions of the notification - the ends of justice would be adequately met by reducing the penalty u/r 25 to ₹ 1,00,000/-, without disturbing the confirmation of duty payment and interest thereon. Appeal allowed in part.
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