2012 (10) TMI 167

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....he Revenue. Per: M.V. Ravindran: This Stay Petition is filed for waiver of pre-deposit of amount of penalty imposed by the first appellate authority under the provisions of Rule 25 of Central Excise Rules, 2002 read with Section 11AC of Central Excise Act, 1944. 2. After hearing both sides on the Stay Petition, we find that the appeal itself could be disposed of at this juncture. Accordi....

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.... the first appellate authority has enhanced the penalty from Rs.60,000/- to Rs.69,14,103/- i.e. equal to the duty demand confirmed. He submits that the judgment of this Tribunal in the case of Samvid Engineers Final Order No.A/1521/WZB/ AHD/2011, dt.19.08.2011, will squarely apply. 4. Ld.D.R., reiterates the findings of the lower authorities. 5. On careful consideration of the submissions ma....

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....e as the appellant had not paid duty liability for the month of November 2007. The appellant has rectified the error by debiting the amount through PLA towards discharge of duty liability. We consider the error of debiting the CENVAT account during the period January 2008 to March 2008 as mere technical lapse and reduce the penalty imposed by the adjudicating authority to Rs.5,000/- under Rule 25 ....