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2015 (3) TMI 31 - CESTAT MUMBAIPenalty u/s 11AC - Duty paid with interest before issuance of SCN - Held that:- As per the proviso to Section 11AC in case the duty and interest has been paid within 30 days of the adjudication, the penalty is leviable to the extent of 25% only. But instead of following the provisions of the law, both the lower authorities have confirmed the penalty to the extent of 100%, which shows that the order has been passed without application of mind. If both the lower authorities have applied their mind, matter need not have travelled till this Tribunal. Appellant has paid duty along with interest before the issuance of the show-cause notice. Therefore, penalty is restricted to 25% of the duty confirmed. The appellant is required to pay 25% of the penalty confirmed against them - Decided in favour of assesse.
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