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2018 (6) TMI 41 - AT - Central ExciseBenefit of reduced penalty - Ineligible CENVAT credit - invoices issued prior to 01.09.2014 - N/N. 21/2014 dated 11.07.2014 - whether reduced penalty to the tune of 25% as per section 11AC (1)(b) of Central Excise Act, 1944, is allowed to be paid by the appellant herein or otherwise? - Held that:- if an adjudicating authority imposes penalty post 14.05.2015 under the provisions of Rule 15(1) of the CENVAT Credit Rules, 2004, an assessee has an option to pay 25% penalty as per the provisions of Section 11AC (1)(b) of the Central Excise Act, 1944, if he does so within 30 days. In the present case, the Order-in-Original is passed on 30.06.2016, it is very clear from the records, it was received by the appellant on 12.07.2016 as per the copy of acknowledgment produced by Counsel. If the appellant has paid 25% of the amount of the penalty of ₹ 1,53,273/- within 30 days of the receipt of the Order-in-Original, which in this paid on 09.08.2016, the benefit of Section 11AC(1)(b) of the Central Excise Rule needs to be extended - the case stands closed for the appellant herein, he need not pay any further penalty. Appeal allowed - decided in favor of appellant.
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