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2017 (12) TMI 895 - AT - Central ExcisePenalty u/r 26 - benefit of reduced penalty u/s 11AC - interest - Clandestine manufacture and removal - Held that: - Since the appellant had deposited the duty attributable to the goods manufactured in the same month, the interest demand cannot be fastened against the appellant since, there no delay in payment of the duty amount - Since, the entire amount of duty was deposited by the appellant before issuance of the SCN, the option for payment of reduced amount of penalty in terms of Section 11AC ibid should be available to it - benefit of reduced penalty allowed. Penalty u/r 26 - Held that: - Since the appellant M/s Ganpati Ispat Pvt. Ltd. has accepted clandestine manufacture and removal of goods, the penalty imposed by the authorities below under Rule 26 is sustainable for the reason that without his active role and participation, the company cannot indulge with the fraudulent activity of removing the goods in clandestine manner - penalty justified but quantum reduced. Appeal allowed in part.
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