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2009 (7) TMI 398 - CESTAT, AHMEDABADQuantum of penalty – Revenue’s submission is that interest was paid only after Tribunal’s order - the fact remains that the interest was not deposited within a period of 30 days of the determination of duty. The benefit of first proviso of Section 11AC can be granted only upon satisfying the condition contained therein. The said proviso requires deposit of duty along with interest payable thereon under Section 11AB and 25% of penalty, within 30 days from the date of communication of the order of the officer determining the said duty. Inasmuch as the interest amount was not deposited within the said period, the benefit of reduced penalty in terms of first proviso, cannot be extended to the appellant. The said order No. A/1686-1688/WZB/AHD/2008, dated 19-8-2008 is accordingly, modified and penalty to the extent of 100% of duty amount is upheld.
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