TMI Blog2015 (10) TMI 2448X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Authorised Representative on this issue cannot be accepted. The assessee should be allowed to pay penalty 25% of the duty alongwith entire amount of duty and interest, within 30days from the communication of this order under Section 11AC. - appeals filed by the Revenue are allowed to the extent the penalty imposed under Section 11AC is enhanced to equal amount of duty. The assessees are entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... initiated for demand of duty alongwith interest and imposition of penalty on the ground of undervaluation of the goods. The matter went up to the Tribunal. The Tribunal upheld the allegation of undervaluation and remanded the matter to the adjudicating authority for quantification of demand alongwith interest and imposition of penalty. By the impugned orders, the adjudicating authority confirmed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorised Representative on behalf of Revenue submits that it is well settled that the adjudicating authority has no discretion to reduce the penalty amount of equal amount of duty, under Section 11AC of the Central Excise Act, 1944. It is also submitted that the adjudicating authority should have imposed separate penalty under Rule 173Q of the erstwhile Central Excise Rules, 1944 as it stood duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the erstwhile Central Excise Rules. So, the contention of the learned Authorised Representative on this issue cannot be accepted. The assessee should be allowed to pay penalty 25% of the duty alongwith entire amount of duty and interest, within 30days from the communication of this order under Section 11AC. 7. In view of the above discussion, the appeals filed by the Revenue are allowed to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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