2009 (3) TMI 849

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....i S.R. Prasad, SDR, for the Respondent. [Order]. -  M/s. Biyani Impex Pvt. Ltd. and Shri Rajesh Kumar R. Dayal Bansal, Director of the Company have filed these appeals against the order of the Commissioner who has upheld the Order-in-Original confirming the demand for Rs. 61,621/- being the rebate availed on the basis of fake shipping bills, with interest as applicable and equal amount ....

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....at Hon'ble Supreme Court has already held that penalty under Section 11AC is mandatory and if the duty, interest and penalty are not paid within 30 days, penalty to the extent of 100% is payable. He submits that there is no requirement of mention in the order in view of the specific provisions under Section 11AC. 2. I find considerable force in the arguments advanced by Shri K.I. Vyas. Hon....

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....ommissioner levied an incorrect penalty left the Assessee no option but to challenge it otherwise he would have had to pay the full penalty amount, which is statutorily not leviable, and then claim a refund of 75% excess penalty paid. Having rightly challenged the imposition, it cannot be said that the Assessee had no intention of paying the penalty within time and saddle itself with an avoidable ....