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TMI Blog2009 (8) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... als are arising out of order-in-appeal passed by Commissioner (Appeals) wherein the penalty was confirmed against the assessee to the tune of Rs. 3,25,000/- against the duty demand of Rs. 5,67,934/-. The Revenue has filed the appeal for the enhancement of quantum of penalty to the equivalent amount of duty involved whereas the assessee filed the appeal stating that the penalty is not imposable sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lls - 2009 (238) E.L.T. 3 (S.C.) wherein it was held that under Section 11AC, 100% penalty is imposable although the duty is paid before the issuance of show cause notice. 5. I find it is well settled law. I am also with the agreement of the submissions made by the learned SDR and held that penalty is irnposable on the assessee. Now the only question left is quantum of penalty. Before quantifying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 11AB, is paid within thirty 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 by such person under this section be twenty-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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty under Section 11AC is restricted to 25% of the duty demand of Rs. 5,67,934/- to be payable within 30 days from the date of communication of this order, failing which the assessee shall be liable to pay 100% penalty.
8. In view of the above observations, both the appeals (Revenue's as well as the assessee's) are disposed of.
(Pronounced in Court on 28-8-2009) X X X X Extracts X X X X X X X X Extracts X X X X
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