2012 (4) TMI 411

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..... mits that the Revenue has preferred a Central Excise appeal before the Hon'ble High Court of Gujarat in Tax Appeal No.907/2005 against the judgment of the Tribunal dt.18.08.2004, which has set aside the mandatory penalty imposed upon the appellant under Section 11AC only on the ground that the appellant has discharged the entire in-eligible CENVAT Credit confirmed by the lower authorities prior to .....

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..... is only regarding the equivalent amount of penalty under Section 11AC.   5. On careful consideration of submissions made by both sides, I find that the issue involved is only a short question as to whether equivalent amount of penalty needs to be imposed on the appellant under the provisions of Section 11AC of Central Excise Act, 1944. It is undisputed that the appellant has accepted the dut .....

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..... as duty liability within a period of 30 days from today and report compliance to jurisdictional Assistant Commissioner within 30 days from today.   7. At this juncture, ld.Advocate is informed that this benefit is extended and available only if the appellant deposits the amount of interest as per calculation done by him.   8. Appeal is disposed off as indicated hereinabove.   (D .....

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