2009 (4) TMI 808

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..... this appeal against the order of the Commissioner (Appeals), whereby penalty imposed on the respondent-company under Section 11AC of the Central Excise Act was set aside. 2. After hearing both the sides and on perusal of the records, I find that the Central Excise Officers visited the respondent's factory and verified the stock. The said officers detected the shortage of the finished goods. The .....

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..... ction 11AC(1) of the Act provides that if the assessee paid the duty within 30 days of the Adjudication Order, the penalty would be reduced to 25% of the duty. In the present case, the respondent paid the duty before issue of show cause notice. Hence, the amount of penalty is reduced to Rs. 26,280/-. The order of the Commissioner (Appeals) is set aside. The order of the Original Authority is resto .....

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