2011 (5) TMI 731

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....sed by the Revenue, in this Appeal preferred u/s. 35-G of the Central Excise Act, 1944:   (a) Whether in the facts and circumstances of the case, the Tribunal has committed substantial error of law in giving option to the respondent to deposit duty, interest and @25% of duty amount towards penalty, within 30 days from the receipt of the order of the Tribunal for availing benefit of reduced....

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....g payment of central excise duty leviable on the excisable goods, and thereby rendered themselves liable for payment of duty, interest and penalty under the provision of Central Excise Act, 1944.   3. A Show cause notice was issued levying duty, interest and penalty. After availing an opportunity to both the sides, the adjudicating authority passed an Order-in-Original dated 19.10.2007. &n....

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....d imposition of penalty of identical amount under section 11AC of the Act. The Tribunal, after following its own judgemnt in case of Swathi Chemicals Industries Ltd. reported in 2009 (248) ELT 421 has held that in such cases, availing an option to the assessee-respondent to deposit entire amount of duty and interest along with 25% of penalty within a period of thirty days from the date of this ord....

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....provides for exception to the main provision by stipulating that where the duty and the interest are paid within thirty days from the date of communication of the order of the Central Excise Officer determining such duty, the amount of penalty liable to be paid under Section 11AC of the Act shall be 25% of the duty so determined; and under second proviso, it is provided that the benefit of reduced....