TMI Blog2015 (6) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... ve certainly expired before the appeal was filed. However, the Revenue has not verified whether the appellant has paid the lower amount of penalty or not. If they had done so, there would not be any need to file this appeal itself. Be that as it may, in view of the hon'ble Bombay High Court's decision in the case of Castrol India Ltd. (2012 (6) TMI 697 - BOMBAY HIGH COURT), the lower appellate aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant would be liable to pay penalty under Section 78 of the Finance Act,1994 @ 25% of the service tax amount of ₹ 3,28,545/- provided the reduced amount of penalty is also paid within 30 days from the date of receipt of the order. 2. The grievance of the Revenue is that the lower appellate authority does not have powers to grant reduction in penalty once the same has been confirmed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f communication of the order of the Central Excise officer determining the duty under Section 11A(2) and it would not be open to the appellate authority or the Court to direct the assessee to pay 25% of the penalty beyond the dates stipulated in the provisions of Section 11AC. The ratio of the said decision would apply with equal force in the present case also as the provisions are para materia an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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