TaxTMI 
TaxTMI 
2013 (8) TMI 160
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....r in appeal No. RKA/303/SRT-I/2011, dt.07.10.2011. 2. Very brief facts that arise for consideration are the appellant's factory was visited by the preventive officers of the department and on verification of the records, it was ascertained that the appellant was engaged in clandestine removal of processed fabrics. Both the adjudicating authority as well as the first appellate authority has confir....
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....nd some time may be granted to them for paying the amount of penalty and the interest. 4. After hearing the ld. D.R., I find that the appellant herein is not contesting the issue on merits as regards the confirmation of the demand of the duty. To that extent, the impugned orders which have confirmed the demands raised on the appellant are upheld. 5. As regards the interest, the appellant is requ....
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...., I find that the judgment of the Hon'ble High Court of Gujarat in the case of Akash Fashions Prints Pvt. Ltd. would be applicable and Tribunal is empowered to extend the benefit to discharge the penalty @ 25% of the amount of duty confirmed by the lower authorities, even at the second appellate stage. Respectfully following the same, I hold that the appellant is liable for imposition of penalty u....