2011 (2) TMI 861

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.... This is an appeal against the order of the Commissioner (Appeals) No.72/09 dt. 22.4.2009. Heard both sides. 2. Relevant facts, in brief, are that the premises of the appellants were visited by the officers on 23.1.2004 which revealed that appellants have manufactured and sold some quantity of unprocessed fabrics under the invoice of M/s.G.M.Textiles which was a fictitious, non-existent un....

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....her submitted that even if penalty is to be sustained, no option has been given by the authorities below to pay reduced penalty of 25% of the duty involved in terms of proviso to Section 11AC and, therefore, they should be given the option now to pay the concessional penalty. In this regard, he relies upon the decision of the Hon'ble High Court of Delhi in the case of K.P.Pouches (P) Ltd. Vs UOI r....