TMI Blog2011 (6) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... ent order, in which case the penalty shall stand reduced to 25% of the duty. - E/2964/2006 - - - Dated:- 22-6-2011 - Mrs. Archana Wadhwa, Dr. P. Babu, JJ. Shri P.M. Dave, Shri Parithosh Gupta, Advocates for Assessee. Shri S.K. Mall, SDR for the Revenue. Per: Archana Wadhwa: Being aggrieved with that part of the impugned order of Commissioner(Appeals), vide which he has se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factory would not exceed Rs.3 crores in the previous year. 3. The respondent s factory was visited by the Central Excise officers on 28.12.04, who conducted various searches and verifications. It was found that during the period from April 2004 to December 2004, the appellants had cleared the goods to the tune of Rs.2.49 Crores. After allowing exemption of Rs.1 crore under SSI exemption scheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) that as the duty stand paid by them before issuance of show cause notice, no penalty is imposable under Section 11AC, in terms of law declared by the Larger Bench in the case of CCE Delhi Vs. Machino Montell (I) Ltd. 2004 (62) RLT 709 (CESTAT-LB). The appellate authority accepted the above contention and set aside the penalty imposed upon the respondent. He also set aside the interest. Hence, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RLT 684 (CESTAT), has held that where no such option has been extended by the lower authorities, the same can be extended by the Tribunal. In view of the law declared above, we extend the option to the appellant to deposit entire duty, interest and 25% of the penalty within a period of 30 days from the date of passing of the present order, in which case the penalty shall stand reduced to 25% of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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