2009 (1) TMI 690

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..... . [Order]. - Revenue has filed this appeal against the decision of the Commissioner (Appeals) wherein he has held that the penalty under Section 11AC can be 25% of the duty amount if paid within 30 days of the communication of the order-in-appeal. Relevant observations of the Commissioner (Appeals) are reproduced below : "8. Section 11AC provides for reduced penalty @ 25% of the duty dete .....

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..... act as disability to avail penalty at reduced rate and that for availing facility of appeal (without pre-deposit), appellant must forego the facility of penalty @ 25% of the duty. If the intention was to deprive the option of appeal without pre-deposit, Section 11AC would have contained the words notwithstanding. In absence of any such overriding provision in the Section 11AC, I am of the view tha .....

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..... d within 30 days of receipt of this Order-in-Appeal." 2. I find myself in agreement with the views of Commissioner (Appeals). Issue of penalty under Section 11AC has been in dispute for quite some time. Similar issue was considered by me in case of M/s. Mahalaxmi Industries vide Order No. A/77-78/WZB/AHD/09, dt. 1-1-09. 3. In view of the above, the appeal filed by the Revenue is reject .....

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