TMI Blog2015 (9) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... at any time thereafter. The Proviso to Section 11AC is applicable, if the payment is made within 30 days of communication of the order levying penalty, and not from the date of issuance of the show cause notice - The judgment was rendered on equity, which is not applicable to the laws relating to central excise. The observation that since duty was deposited prior to the show cause notice, penalty could not be levied, is contrary to the principles settled in the central excise laws. - The judgment was rendered on equity, which is not applicable to the laws relating to central excise. The observation that since duty was deposited prior to the show cause notice, penalty could not be levied, is contrary to the principles settled in the central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etected shortage of inputs and finished goods involving central exercise duty of ₹ 1,23,400/-. The authorized signatory of the appellant-Company admitted the shortage. He stated that the said quantity was cleared from their factory. They have also deposited the entire amount of duty on 21.01.2002 and 02.02.2002. On 9/10th July, 2002, the Central Excise Officers intercepted a truck carrying finished goods of the appellant-Company without accompanying any central excise invoice. The appellants deposited the entire amount of duty on the goods cleared of ₹ 19,522/-. A shortage of input credit of ₹ 47,648/- was detected during stock verification on that day. Two show cause notices were issued in respect of demand of duty and im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30 days from the date of communication of the order of the Central Excise Officer, determining such duty, and not from the date of issuance of the show cause notice. The unamended Section 11AC with its first Proviso, is quoted as below:- (2B) Where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person, chargeable with the duty, may pay the amount of duty (on the basis of his own ascertainment of such duty or on the basis of duty ascertained by a Central Excise Officer) before service of notice on him under sub-section (1) in respect of the duty, and inform the Central Excise Officer of such payment in writing, who, on receipt of such information shall not serve any not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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