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2015 (10) TMI 2448 - CESTAT AHMEDABAD

2015 (10) TMI 2448 - CESTAT AHMEDABAD - TMI - Penalty u/s 11AC - Undervaluation of goods - Held that:- As the penalty was imposed under Section 11AC of the Act, we do not find that there is any requirement of impose penalty under Rule 173Q of 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 .....

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Mr. P.K. Das, Member (Judicial) And Mr. P.M. Saleem, Member (Technical) For the Petitioner : Shri Hardik Modh, Advocate For the Respondent : Shri Alok Srivastava, Authorised Representative ORDER Per : Mr. P.K. Das; These appeals are arising out of a common order and, therefore, all are taken up together for disposal. 2. After hearing both the sides and on perusal of record, we find that both the assessees were engaged in the manufacture of Ceramic Tiles. Proceedings were initiated for demand of .....

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ya Ceramics and M/s. Fine Ceramics, respectively. M/s. Surya Cermaics filed appeal against the demand of duty and penalty. Revenue filed appeals against both the assessees for imposition of penalty of equal amount of duty under Section 11AC of the Central Excise Act, 1944. 3. The learned Advocate appearing on behalf of the appellants submits that M/s. Surya Ceramics filed appeal against demand of duty along with interest and penalty. He fairly submits that as per instructions from M/s. Surya Cer .....

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