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2016 (11) TMI 9 - CESTAT BANGALOREBenefit of reduced penalty u/s 11AC of the Act - payment of penalty within stipulated time - adjustment of excess tax paid towards liability of reduced penalty - The matter has got a long history having gone up and down number of times. It went to Hon’ble High Court of Karnataka three times. It came to this Tribunal also earlier three times. Now it is before us fourth time - Held that: - Since the matter involves verification and cross-checking at the level of respective field formation with reference to the detailed claims and the submissions of the appellants, it is remanded to the Commissioner of Central Excise, Bangalore-II, who shall consider the matter afresh keeping in mind the observations made in the judgment dated 6.12.2013 by the Hon’ble High Court of Karnataka - The Commissioner shall decide the issue within three months from the date of receipt of this order after giving opportunity of personal hearing and that of production of necessary documents to the assessee-appellant within one month of receipt of this order - appeal allowed by way of remand.
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