9911796707
TMI Blog2011 (3) TMI 1649X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent : None ORDER (Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Revenue is in appeal against judgement of the tribunal dated 23.10.2008. Though several questions are proposed, we find that principally there are two issues agitated by the Revenue. First question is with respect to findings of the tribunal that benefit of treatment of value received as cum duty should have been extended and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as cum duty value should have been extended since there is no evidence to show that the value received by them was excluding duty." With respect to reduced penalty on condition of paying duty interest and penalty within 30 days, the tribunal held and observed as under : "...Further I agree that an option to pay duty, interest and penalty within 30 days of the order and in such a situation, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... somewhat similar situation in case of Commissioner of Central Excise and Customs, SuratII v. Mahalaxmi Industries reported in 2010(2) GLH 116, held and observed as under : "11. Before parting, we observe that the order passed by the Tribunal cannot be said to be a nonspeaking and nonreasoned order. The authorities cited by Mr.Oza in support of his submission that a nonspeaking order is passed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 25% of the duty amount. If the duty amount with interest is not paid in time and even reduced penalty of 25% of the duty amount is not paid in time and option is not given to the respondent assessee, we have taken the view that such option should be given to the assessee and period of 30 days would commence from the date of giving such option. Since the respondent - assessee was challenging the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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