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TMI Blog2011 (6) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved with that part of the impugned order of Commissioner(Appeals), vide which he has set aside the penalty imposed upon the respondent under Section 11AC of Central Excise Act, 1944, by Additional Commissioner as also the interest while confirming the demand of duty of Rs.23,32,615/- (Rupees Twenty Three Lakhs, Thirty Two Thousands, Six Hundreds and Fifteen Only), Revenue has filed the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods to the tune of Rs.2.49 Crores. After allowing exemption of Rs.1 crore under SSI exemption scheme, the duty was sought to be recovered on the extra clearance. Accordingly, proceedings were initiated against them, which culminated into an order passed by the original adjudicating authority confirming demand of Rs.24,32,615/- (Rupees Twenty Three Lakhs, Thirty Two Thousands, Six Hundreds and Fift ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntention and set aside the penalty imposed upon the respondent. He also set aside the interest. Hence, the present appeal. 5. After hearing the learned SDR, we find that there is no challenge to the duty confirmation and, in fact, has been accepted and paid. Further, the law on the issue of imposition of penalty to the extent of 100% of duty stand declared by Hon ble Supreme Court in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ys from the date of passing of the present order, in which case the penalty shall stand reduced to 25% of the duty. 6. As regards interest, ld.Advocate appearing for the respondents fairly agrees that the interest is leviable in terms of provisions of Section 11AB, even though duty was paid before issuance of Show Cause Notice. We, accordingly, set aside the impugned order of Commissioner( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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