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2018 (10) TMI 6 - AT - Central ExciseBenefit of reduced penalty - irregular availment of CENVAT Credit - Duty demand has already been paid by the appellant, even before the issue of show cause notice - Held that:- Section 11AC provides for mandatory penalty equal to the duty determined as payable, in terms of the proviso to Section 11A. But it also provides that if the said duty amount is paid within 30 days from the date of communication of the order of the Central Excise officer determining such duty, the amount of penalty liable to be paid shall be only 25% of the duty so determined. The appellant is entitled to the payment of reduced amount of penalty - appeal allowed.
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