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Shri Deepak C Shah and M/s Nitdip Textile Process P Ltd Versus Commissioner of Central Excise-AHMEDABAD-I

2015 (10) TMI 1239 - CESTAT AHMEDABAD

Imposition of penalty u/s 11AC - Shortage of goods - Held that:- So far as not extension of option of 25% reduced penalty under Section 11AC of the Central Excise Act, 1944 is concerned, it is observed from the O.I.O. Dated 21.05.2012 that no such op .....

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is paid within 1 month from the receipt of this order. - Penalty of ₹ 25.000/- imposed upon the Director is reduced to ₹ 10,000. - Appeal No : E/10316-10317/2013 - Order No. A/10918-10919/2015 - Dated:- 25-6-2015 - MR. H.K. THAKUR, J. For .....

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1.2012 under which O.I.O No. MP/02/DEM/AC/2012 Dated 21.05.2012 has been upheld. Under O.I.O Dated 21.05.2012 a penalty of ₹ 84,290/- was imposed upon the main appellant M/s. Nitdip Textile Processors Pvt. Ltd. and a penalty of ₹ 25,000/- .....

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t option of 25% reduced penalty is not extended to the appellant under Section 11AC of the Central Excise Act, 1944, which is admissible. So far as penalty of ₹ 25,000/- imposed upon the Director of the main appellant is concerned it was argued .....

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there could not be any intention to evade payment of duty and imposition of penalty upon the Director. That the entire duty, alongwith interest, was paid much before the issue of Show Cause Notice. 3. Shri Govind Jha, (AR) appearing on behalf of the .....

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option of 25% reduced penalty under Section 11AC of the Central Excise Act, 1944 is concerned, it is observed from the O.I.O. Dated 21.05.2012 that no such option has been extended to the appellant by the adjudicating authority. In view of the settl .....

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