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2010 (4) TMI 802 - AT - Central ExciseApplicability Section 11AC of the Central Excise Act - appellants submits that option to pay duty interest and 25% of the duty amount towards penalty within 30 days of the order has not been given by both the lower authorities. Learned DR agrees that such option should have been given to the appellants as per proviso to Section 11AC of Central Excise law - Held that - option extended to the appellants to deposit duty interest and 25% of the duty amount towards penalty within 30 days from receipt of this order. It is made clear that failure to pay either duty or interest in full and 25 % of duty towards penalty within 30 days of receipt of this order appellants shall be liable to pay 100% of duty demand towards penalty.As regards the appeal of the Partner no penalty is imposable on the Partner under Section 11AC and there is no specific direction as regards penalty on Director. Tribunal order passed as regards Director shall remain undisturbed.
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