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2018 (1) TMI 302 - AT - Central ExcisePenalties - benefit of reduced penalty - proviso to Section 11AC of the Act - option to pay 25% duty as penalty, if the same is being paid within 30 days from the date of receipt of adjudication order - Held that: - duty alongwith interest has been paid by the appellant even before issuance of SCN - penalty on the main appellant is reduced to 25% of the duty involved, subject to payment by the appellant within 30 days of receipt of this order, failing which the appellant is liable to pay 100% of duty as penalty, in terms of proviso to Section 11AC of the Act. Penalty on Shri Bhavesh P. Bansali u/r 26 of the CER, 2002 - Held that: - As in a partnership firm, if the penalty has been imposed on the main appellant, then no penalty can be imposed on the partner of the firm - Penalty imposed on Shri Bhavesh P. Bhansali is set-aside being a partner of the main appellant. Appeal allowed.
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