Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 279 - CESTAT NEW DELHIImposition of penalties - entire amount of duty along with interest and penalty equal to 25% of duty was paid prior to issuance of show cause notice - Held that:- as is evident from provision of Section 11A (1A) & (2) of the Central Excise Act, 1944, once the entire amount of duty, interest and penalty equal to 25% of the duty demanded was remitted even before the issuance of show cause notice as is evident from the primary adjudication orders in terms of which the same have been duly appropriated, the proceedings were deemed to be conclusive even in respect of other persons to whom notice was served. Therefore, the appeals are allowed to the extent that penalties in excess of 25% of the duty in respect of M/s N.S. Ispat (India) Pvt. Ltd. and M/s Hanuman Ispat Pvt. Ltd. and penalty on Shri Shyam Bansal are set aside. - Decided partly in favour of appellant
|