TaxTMI 
TaxTMI 
2007 (8) TMI 110
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....onfirming the order of the adjudicating authority not imposing penalty on the respondent under Section 11AC of the Central Excise Act, 1944, relying upon the decision of the Tribunal in CCE, Delhi-III v. Machino Montell (I) Ltd. reported in 2004 (168) E.L.T. 466 (T-LB), while dismissing the appeal of the Revenue. 2. The adjudicating authority had come to a finding that, Cenvat Credit was taken by....
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....he respondent had paid up the total amount of Rs. 3,14,057/- along with mandatory penalty of 25% and as there was neither any order regarding payment of interest under Section 11AC, nor there is any reference to it in the show cause notice, it would appear that, under the proviso to Section 11AC, the liability to pay penalty on the part of the respondent was 25% of the duty determined. The learned....
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...., as he did for adjusting the duty which was earlier deposited. 5. In view of the aforesaid settled legal position, while penalty equal to the duty determined was payable, since the respondent availed of the benefit of the proviso by earlier deposits, only penalty of 25% of the duty determined became imposable on the respondent. The said amount, having already been deposited, will stand adjusted ....