2012 (8) TMI 861

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..... ainst the appellate Commissioner's order sustaining an Order-in-Original appropriating Rs.1,12,521/- towards CENVAT credit on inputs and an amount of Rs.1,924/- towards interest thereon and imposing a penalty of Rs.1,12,521/- under Rule 15 of the CENVAT Credit Rules, 2004 read with Section 11AB of the Central Excise Act. The original authority had also given an option to the assessee to pay 25% of .....

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..... nly issued the invoices. When the assessee was confronted with these statements, they acquiesced in the factual situation and offered to reverse the credit in question, and they did so. Pursuant to the Order-in-Original, they also paid 25% of the duty as penalty under Section 11AC within 30 days from the date of communication of the said order. This conduct of the party virtually amounted to accep .....

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..... penalty imposed under Section 11AC of the Central Excise Act, though they are entitled to the benefit of 1st proviso to Section 11AC of the Act. Indeed, the appellant has already availed themselves of this benefit by paying up 25% of the duty amount towards penalty under Section 11AC within the period prescribed under the said proviso. 3. In the result, the appeal gets dismissed. (Pronounced an .....

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