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TMI Blog2017 (12) TMI 895X X X X Extracts X X X X X X X X Extracts X X X X ..... Per: S.K. Mohanty The brief facts of the case are that the M/s Ganpati Ispat Pvt. Ltd. is engaged in the manufacture of hot rerolled products of iron and steel, falling under Chapter 72 of the First Schedule to the Central Excise Tariff Act, 1985. On the basis of intelligence that one M/s Jagdish Ispat Pvt. Ltd. has evaded Central Excise duty, by suppressing the production of finished goods, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on the appellant company under Rule 25(1) of the Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944. The adjudicating authority also imposed penalty of Rs. 2 lakhs on the other appellant Shri Ashok Kumar Agrawal under Rule 26 ibid. On appeal, the ld. Commissioner (Appeals) vide the impugned order dated 16.6.2015 has upheld the adjudged demand confirmed by the ori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted within 30 days from the date of the adjudication order, the benefit of the reduced amount of penalty should be available to the assessee. He further submits that since there is no delay in payment of duty, interest liability cannot be confirmed against the appellant M/s Ganpati Ispat Pvt. Ltd. 3. On the other hand, the ld. DR appearing for the Revenue reiterates the findings recorded in the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f penalty in terms of Section 11AC ibid should be available to it. I find that the Hon'ble Gujarat High Court in the case of Santosh Textile Mills (supra) has held that benefit of reduced amount of penalty should be given to the assessee, in the eventually, where the duty has been paid within 30 days from the date of the adjudication order. The SLP filed by Revenue against the Hon'ble Gujarat High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his active role and participation, the company cannot indulge with the fraudulent activity of removing the goods in clandestine manner. Therefore, imposition of penalty on Shri Ashok Kumar Agrawal is proper and justified. However, considering the quantum of duty liability involved in this case, I am of the view that the penalty imposed on him is on higher side. Accordingly, so far as the appeal of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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