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2022 (3) TMI 860 - AT - Central ExciseDemand of Central Excise Duty - reversal of 5% of value of exempted product - penalty under Rule 25(1) (d) of Central excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944 - HELD THAT:- Appellant paid the confirmed demand under protest and now express its willingness to pay the penalty of ₹ 1,45,700/-. Rest of demands were dropped and what is required to be realised is interest under Section 11AB of the Central Excise Act on confirmed demand. As reveals from the case record the disputed period was between March, 2010 and May, 2010, duty demands were ultimately confirmed by the Commissioner (Appeals) on 5.01.2012 and within 2 months appellant had paid the same on 02.03.2012 under protest. Availing “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019” for penalty component, appellant would have got substantial reduction to the extent of 1/3 of such penalty imposed on it. Now, since appellant has expressed its willingness to pay the entire penalty amount, interest for such a period being too meger, we are of the considered view that in the interest of justice and to put an end to the litigation that is being carried out for over 12 years, such a genuine request of the appellant can be considered favourably to secure ends of justice by invoking Rule 41 of the CESTAT (Procedure) Rules, 1982. The appeal is dismissed and the appellant is directed to pay penalty only of ₹ 1,45,700/- within 3 months of receipt of this order.
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