https://www.taxtmi.com/caselaws?id=174748 The reduced penalty benefit under the proviso to Section 11AC of the Central Excise Act, 1944 may be extended where the assessee is communicated the option and given the prescribed opportunity to pay within the stipulated period. The absence of a fresh redetermination of duty by the appellate forum does not, by itself, prevent grant of the concessional 25% penalty. The Gujarat High Court stated that this approach was consistent with its earlier rulings and departmental circulars, and upheld the Tribunal's decision granting the assessee the option while rejecting the Revenue's challenge. en-us Wed, 17 Feb 2010 00:00:00 +0530 Mon, 19 Oct 2015 10:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174748 The reduced penalty benefit under the proviso to Section 11AC of the Central Excise Act, 1944 may be extended where the assessee is communicated the option and given the prescribed opportunity to pay within the stipulated period. The absence of a fresh redetermination of duty by the appellate forum does not, by itself, prevent grant of the concessional 25% penalty. The Gujarat High Court stated that this approach was consistent with its earlier rulings and departmental circulars, and upheld the Tribunal's decision granting the assessee the option while rejecting the Revenue's challenge. Case-Laws Central Excise Wed, 17 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174748