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M/s. Amol Paper Mills Pvt. Ltd. Versus Commissioner of Central Excise, Raigad

2016 (6) TMI 613 - CESTAT MUMBAI

Reduction of penalty to 25% under Section 11AC - whether option of reducing penalty can be allowed after passing the adjudication order at the appellate stage ? - Held that:- As the very same issue has been decided by the Jurisdictional High Court of .....

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cating authority in the adjudication order or otherwise. Following the ratio of the above judgment, I find that the impugned order does not suffer from any infirmity and the same is upheld - Appeal No. E/380/2011 - Order No. A/87347/16/SMB - Dated:- .....

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y Commissioner of Central Excise (Appeals) Mumbai-II whereby Ld. Commissioner (Appeals) upholding the Order-in-Original No. RGD/KPL/DC/45/2009 dt. 12.2.2010, rejected the appeal of the appellant. 2. The short issue involved in the present case is, wh .....

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sent case the adjudicating authority has not given the option and as per Section 11AC of the Act, the Commissioner should have given the option to the appellant, which he failed to do so, therefore at the subsequent stage the option can be extended t .....

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