2009 (8) TMI 1173

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.... Sayeed, JDR, for the Respondent. [Order]. - This appeal is preferred by the appellant against the impugned order wherein 100% penalties were imposed on them where the appellant has already reversed the Cenvat Credit availed along with the interest. The issue involved in this case is quantum of penalty where the appellant has paid the duty and penalty before the issuance of show cause notice....

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.... On the other hand the learned JDR for the Revenue submits that the penalty under Section 11AC cannot be reduced and placed reliance on Union of India v. Rajasthan Spinning & Weaving Mills - 2009 (238) E.L.T. 3 (S.C.). 5. Before going into the facts of the case, I have to see the provisions of Section 11AC which deals with the penalty which are reproduced here as under :- "11AC. Pe....

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....such duty, the amount of penalty liable to be paid by such person under this section be twenty-five percent of the duty so determined : Provided further that the benefit of reduced penalty under the first proviso shall be available if the amount of penalty so determined has also been paid within the period of thirty day referred to in that proviso : Provided also that XXX XXX XXX Provided....