Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1122 - AT - Central ExciseReduction in the quantum pf penalty - whether the option for payment of reduced amount of penalty should be made available to assessee or not? - Held that: - the Hon’ble Delhi High Court in the Case of K. P. Pouches [2008 (1) TMI 296 - DELHI HIGH COURT] have held that adjudicating authority under the Act should explicitly state the option available to the assessee u/s 11AC - The CBEC vide Circular dated 22.05.2008 has clarified that the Adjudicating Authority should specifically state in the order the option to pay reduced amount of penalty - option given by the Commissioner (Appeals) vide impugned dated 12.10.2009 for payment of reduced amount of penalty under Section 11AC ibid is in conformity with the statutory provisions - appeal disposed off - decided in favor of assessee.
|