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2017 (7) TMI 1256 - HC - Central ExciseQuantum of penalty - Section 11AC(1)(d) of the Central Excise Act, 1944 read with Explanation 1(ii) thereof - Held that:- Explanation 1(ii) to Section 11AC(1)(d) of the CE Act makes it clear that the petitioners cannot be denied the benefit of the maximum penalty of 15% of the duty demanded. In other words the penalties awarded to the petitioners by the Commission required to be re-worked in terms of the above provision by ensuring that it does not cross 15% in the aggregate of the total duty demanded - While setting aside the penalties awarded by the Commission by the impugned order, the Court directs that application of the petitioners will once again be listed before the Commission on 10th August, 2017 for the above purpose - petition disposed off.
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