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    <title>2010 (7) TMI 1135 - CESTAT MUMBAI</title>
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    <description>Where duty was paid before issuance of the show cause notice and the conditions of the proviso to Section 11AC of the Central Excise Act were attracted, the assessee was entitled to the statutory option to discharge reduced penalty. The lower authorities erred in not extending the benefit of 25% penalty, and the order records that this option should have been made available within the prescribed time. The operative consequence stated is that the assessee could pay 25% of the duty as penalty within 30 days of communication of the order, failing which the full 100% penalty would remain payable.</description>
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    <pubDate>Tue, 06 Jul 2010 00:00:00 +0530</pubDate>
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      <title>2010 (7) TMI 1135 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=194455</link>
      <description>Where duty was paid before issuance of the show cause notice and the conditions of the proviso to Section 11AC of the Central Excise Act were attracted, the assessee was entitled to the statutory option to discharge reduced penalty. The lower authorities erred in not extending the benefit of 25% penalty, and the order records that this option should have been made available within the prescribed time. The operative consequence stated is that the assessee could pay 25% of the duty as penalty within 30 days of communication of the order, failing which the full 100% penalty would remain payable.</description>
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      <pubDate>Tue, 06 Jul 2010 00:00:00 +0530</pubDate>
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