2017 (3) TMI 1122

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.... Mr. Dharam Singh (DR) for the Respondent ORDER Both the Revenue as well as assessee have preferred appeal against the impugned order dated 12.01.2007 passed by the Commissioner (Appeals), Central Excise, New Delhi. The grievance of the Revenue is that reduction in the quantum of penalty from 100% to 25% in the impugned order is not in conformity with the statutory provisions. 2. Ld. DR ....

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....penalty in terms of Section 11AC of the Act. To support his above stand the Ld. Advocate has relied on the Board's Circular dated 12.05.2008 issued by CBEC and also the following judgments delivered by the judicial forums. a) K.P. Pouches (P) Ltd. vs CCE, 2008-ELT 31 (Del). b) CCE vs Krishanram Dyeing & Finishing Works, 2013 (298) ELT 376 (Guj.). c) CCE vs Santosh Textiles Mills, 2016 (23....

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....vailable to the assessee under Section 11AC. The CBEC vide Circular dated 22.05.2008 has clarified that the Adjudicating Authority should specifically state in the order the option to pay reduced amount of penalty. 6. Further the issue in hand also decided by the Hon'ble Gujarat High Court in the case of Krishnaram Dyeing & Finishing Works (supra), G.P. Prestress Concrete Works (supra) and K. P....