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2009 (8) TMI 1173

..... r the Respondent. [Order]. - This appeal is preferred by the appellant against the impugned order wherein 100% penalties were imposed on them where the appellant has already reversed the Cenvat Credit availed along with the interest. The issue involved in this case is quantum of penalty where the appellant has paid the duty and penalty before the issuance of show cause notice. 2. Heard. 3.&em .....

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..... ction 11AC cannot be reduced and placed reliance on Union of India v. Rajasthan Spinning & Weaving Mills - 2009 (238) E.L.T. 3 (S.C.). 5. Before going into the facts of the case, I have to see the provisions of Section 11AC which deals with the penalty which are reproduced here as under :- 11AC. Penalty for short-levy or non-levy of duty in certain cases.- Where any duty of excise has not .....

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..... five percent of the duty so determined : Provided further that the benefit of reduced penalty under the first proviso shall be available if the amount of penalty so determined has also been paid within the period of thirty day referred to in that proviso : Provided also that XXX XXX XXX Provided also that XXX XXX XXX 6. It is clear from the provisions of Section 11AC of the Act and its two pr .....

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..... terest thereon before issuance of the show cause notice, the penalty under Section 11AC (first proviso) of the Central Excise Act, 1944 is to be restricted upto 25% of the duty. On these observations, the penalty be reduced to 25% of Rs. 4,22,413/- under Section 11AC of the Central Excise Act, 1944. The appellant shall make deposit of the said reduced penalty within 30 days failing which, full amo .....

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