TMI Blog2014 (2) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... y at 25% of duty, though CESTAT has not redetermined the quantum of duty - Held that:- Section 11AC of the Act provides for levy of penalty in case of short levy or non-levy of duty in certain cases. The first proviso thereunder provides for exception to the main provision by stipulating that where the duty and the interest are paid within thirty days from the date of communication of the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Revenue in this appeal preferred u/s. 35G of the Central Excise Act, 1944 : Whether the CESTAT committed error in interpreting proviso of Section 11AC of the Central Excise Act, 1944 by offering to an assessee to deposit amount of interest and penalty within 30 days of its order to avail benefit of reduced penalty at 25% of duty, though CESTAT has not redetermined the quantum of duty ? 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duce the penalty to 25%, following its own decision in case of Swati Chemical Industries Ltd. reported in 2009 (248) E.L.T. 421. As regards penalty of Rs. 11,29,669/- imposed, we find that an option to pay duty, interest and penalty within 30 days and in the event of such payment, the penalty gets reduced to 25% has not been made in the Order-in-Original and therefore, as decided by this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rints Private Limited, reported in 2009 (239) E.L.T. 439 (Guj.) wherein availing an option has been confirmed by the High Court, if there is no error in the order of the Tribunal. It would be relevant to reproduce observations of the Division Bench as made in case of Akash Fashion Prints Private Limited (supra), wherein it has been held as under : ...Section 11AC of the Act provides for levy of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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