TMI Blog2011 (11) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... :- Issue is no more res integra. Where no option has been given by the authorities below, the said option can be extended by the higher appellate forum. Thus, while upholding the imposition of penalty to the extent of 100%, option is given to assessee to deposit the entire dues along with 25% of penalty within a period of 30 days from passing of the order, in which case penalty shall stand reduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.06, who conducted various checks and verifications. As a result, shortage of final product to the extent of 3 MT involving duty of Rs.34,272/- was demanded. The director of the company, in his on the spot statement, admitted the said shortages and deposed that their labourer have cleared the same in their absence. They accordingly, agreed to deposit the above amount which was deposited on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that the law stands settled laying down that where no option has been given by the authorities below, the same can be extended to the appellants by the higher appellate forum. Accordingly, he prays for reducing the penalty to 25%. 6. After hearing the learned DR, I find that issue is no more res integra. Tribunal, in the case of CCE Vadodara vs. Swati Chemicals Indus. Ltd. as reported i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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