2012 (6) TMI 755

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....se a Show Cause Notice issued alleging clandestine removal by M/s. Jay Ambey has been settled by the assessee by paying duty involved along with interest and 25% of the penalty as per the provisions of Section 11A(1A). This factual aspect is not disputed by either side. The present appeal is filed by Revenue praying that penalty be imposed on the Director of M/s. Jay Ambey Metal Works under Rule 2....

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....n 11A(2) of Central Excise Act where the assessee pays the duty involved along with interest and 25% of the duty involved as penalty, proceedings against the assessee gets concluded as per provisions of Section 11A(1A), proceedings against other persons also is to be considered as finally concluded. For better appreciation of the argument, the said Section 11A(2) is reproduced below :- "(2) ....