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TMI Blog2017 (7) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... this benefit has not been given by both the authorities and therefore, I grant the benefit of Section 11AC and held that appellant is entitled to the availment of reduced penalty of 25%. Appeal allowed - decided partly in favor of appellant. - E/3552/2012-SM - 20993/2017 - Dated:- 29-6-2017 - Shri S.S Garg, Judicial Member Shri Savant, Advocate For the Appellant Shri Naveen Kushalappa. A. S, AR For the Respondent ORDER Per: S. S. Garg The present appeal is directed against the impugned order dated 21.9.2012 passed by the Commissioner (A) wherein the Commissioner (A) has rejected the appeal of the appellant and upheld the Order-in-Original (OIO). 2. Briefly the facts of the present case are that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The adjudicating authority vide OIO No.2/2011 AC dated 17.2.2011 confirmed and appropriated already paid amount against the above said demand along with interest and imposed redemption fine of ₹ 3,24,592/- and penalty of ₹ 2,10,183/- under Rule 25 and imposed penalty of ₹ 25,000/- on Shri Dilip K Chandak, MD of appellant-company under Rule 26 of Central Excise Rules, 2002. Aggrieved by the OIO, appellant filed appeal before the Commissioner (A), who rejected the appeal of the appellant and hence, the present appeal. 3. Heard both the parties. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the Commissioner (A) has failed to consider the evidence on record. He furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.1,80,272.00 Rs.2,11,530.00 Bank Guarantee executed on 29.3.2010 for value of ₹ 21,39,100/- Rs.5,34,775.00 Grand Total - Rs.7,46,305.00 Initial payment made under Challan dt.9.3.2010 as Mentioned in para 12 of the show-cause notice and para 8 of the OIO - Rs.50,000.00 In the adjudication proceedings imposed: Duty - Rs.2,10,183.00 Interest - Rs.1,347.00 Redemption fine - Rs.3,24,592.00 Penalty - Rs.2,10,183.00 Grand Total - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the duty under Section 11AC of the Central Excise Act but this benefit has not been given by both the authorities and therefore, I grant the benefit of Section 11AC and held that appellant is entitled to the availment of reduced penalty of 25%. Further, I also hold that appellant is entitled to get back ₹ 50,000/- which was paid by him on 9.3.2010 and the same was mentioned in para 12 of the show-cause notice and para 8 of OIO but the same has not been refunded to the appellant in the final order. In view of my above discussions, I allow the appeal of the appellant by modifying the impugned order by holding that the appellant has to pay the redemption fine to the extent of ₹ 1,00,000/- (Rupees One Lakh Only) and penalty to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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