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2017 (7) TMI 529 - GUJARAT HIGH COURT

2017 (7) TMI 529 - GUJARAT HIGH COURT - TMI - Levy of penalty u/s 28 of the FA, 1994 at a reduced rate of 25% - authority of the Commissioner or the Tribunal to reduce the penalty - Held that: - reliance placed in the case of Commissioner of Central Excise vs. 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 wi .....

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s filed by the department of Customs and Central Excise. Following question is presented for our consideration: Whether the learned Tribunal was justified in allowing to pay 25% of penalty levied under Section 78 within 30 days from the date of communication of the order passed by the Commissioner (Appeals), when the first and second proviso to Section 78 specifically provide that the benefit of reduced penalty at 25% shall be available only if the duty determined under Section 73(2), interest p .....

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the same. 3. We may, however, notice that in case of Commissioner of Central Excise vs. GP Prestress Concrete Works reported in 2015 (323) ELT 709 and in the case of Commissioner of C. Ex, Ahmedabad-III vs. Ratnamani Metals and Tubes Ltd. reported in 2013 (296) ELT 327, such issues in the backdrop of the provisions of Section 32G of the Central Excise Act, 1944 has been considered by this court. It was held that the assessee is required to be given an option by the adjudicating authority whether .....

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