2011 (5) TMI 760

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....ommissioner (Appeals) has confirmed the duty of Rs.2,49,876/- under Section  11A of Central Excise Act, 1944 but reduced the penalty under Section 11AC to Rs.10,000/-. 2. Brief facts of the case are that the respondent is the manufacturer of sugar and molasses. During the course of clearance of the goods, the respondent is required to sell the sugar as levy sugar/free sale sugar. Duty on th....

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....cause notice was issued by involving extended period of limitation, demand were confirmed along with interest and equal amount of penalty was imposed by the appellate authority. On appeal before the Commissioner (Appeals), duty demand was confirmed but penalty under Section 11AC was reduced to Rs.10,000/-. Aggrieved from the reduced penalty, the Revenue is before me. 3. Heard the learned DR. Non....

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.... not given an option to pay reduced penalty of 25% as per proviso (1) and (2) of Section 11AC of the Act, in case the assessee pays duty along with interest within 30 days of the communication of the adjudication order. Therefore, I give this option to the respondent if they have paid duty along with interest within 30 days of the communication of the adjudication order then the penalty shall be r....