2015 (12) TMI 1205

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....For the Respondent : Shri Harish Bindumadhavan, Adv. ORDER Revenue filed these two appeals against the Orders of the Commissioner (Appeals) dated 06.08.2014 and 16.06.2014. They are taken up together for disposal since, both the appeals though arising out of two separate orders passed by the Commissioner (Appeals), one appeal was filed by the assessee M/s. Volex Interconnect India Pvt. Ltd. ....

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.... to the CETA, 1985. They were paying central excise duty and availing cenvat credit on inputs, capital goods and input services. Apart from DTA unit, they have put up a separate 100% EOU at Neelankarai, Chennai and also have a registered dealers premises at Madhavaram, Chennai from where imported goods are being traded. 3. The Commissionerate Headquarters Preventive Unit (HPU) visited the asse....

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....al year 2006-2007 to 2009-2010. Therefore, Section 11 AC which was in force during the relevant period ie., prior to its substitution by the Finance Act, 2011 w.e.f. 08.04.2011, penalty equal to 25% of the duty determination is not applicable and therefore, the benefit of reduced penalty is not available to the assessee, as they have not paid the penalty imposed within the period so specified. ....

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....nder:- "(c) Where any duty as determined under sub-section (10) of Section 11A and the interest payable thereon under Section 11 AA in respect of transactions referred to in clause (b) is paid within thirty days of the date of communication of order of the Central Excise Officer who has determined such duty, the amount of penalty liable to be paid by such person shall be twenty five perce....