9911796707
TMI Blog2011 (3) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... ready deposited the entire duty of Rs.2,66,462/-, I dispense with the condition of pre-deposit of interest and penalty of identical amount. In as much as the appellant is not disputing the above confirmation of demand of duty, I proceed to decide the appeal itself, with the consent of both the sides. 2. The said duty stands confirmed against the appellant who is a 100% EOU, in respect of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the provisions of Section 11AC. As such penalty of Rs.2,66,462/- imposed by the authorities below is upheld. 4. At this stage learned advocate submits that lower authorities have not extended any option to the appellant to pay the entire dues along with 25% of penalty within a period of thirty days from the date of communication of their orders. The Tribunal in the case of Swati Che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor. Learned DR submits that the removal of the raw material was under the directions of the director and with his knowledge. As such he is liable to penalty. 6. Admittedly Shri R.D. Gupta in his statement had deposed that the duty free procured raw material was cleared without payment of duty. His involvement in the said clandestine activity is established, thus making him liable to penal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
