TMI Blog2017 (7) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... GP Prestress Concrete Works [2012 (8) TMI 933 - GUJARAT HIGH COURT], where it was held that the assessee is required to be given an option by the adjudicating authority whether he is willing to pay the duty with interest and 25% penalty within 30 days from the date of adjudication. Whenever such option is not given, the facility of paying reduced penalty by fulfilling the condition of deposition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available only if the duty determined under Section 73(2), interest payable thereon under Section 75 and penalty at 25% of the duty determined under Section 73(2) has been paid within thirty days from the date of communication of the order of the Central Excise Officer determining duty payable under Section 73(2) of the Finance Act, 1994? 2. The issue pertains to levy of penalty under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion is not given, the facility of paying reduced penalty by fulfilling the condition of deposition of the same with interest within 30 days (along with tax dues if any) should be granted. 4. In the present case, we notice that the adjudicating authority having imposed full penalty of 100%, had not given any option of availing reduced penalty on depositing amount with interest within thirty day ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
