2017 (5) TMI 329

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....48/- was subsequently paid on 05/03/2005 and interest was also paid on 10/03/2006 on delayed payment of duty. A show-cause notice was issued proposing only imposition of penalty under Section 11AC. The adjudicating authority imposed penalty of equivalent amount, ie., Rs. 12,17,948/- upon the appellant, the same was upheld by the Commissioner (Appeals). Therefore, the appellant is before me. 2. Shri T.C.Nair, learned Counsel appearing on behalf of the appellant submits that as regard the duty payment, the appellant had paid the same suo moto along with interest. There is no show-cause notice for confirmation of demand under Section 11A and also for recovery of interest. In these circumstances, the penalty under Section 11AC is imposable o....

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....all also be liable to pay a penalty equal to the duty so determined: 2[Provided that where such duty as determined under sub-section (2) of section 11A, and the interest payable thereon under section 11AB, is paid within thirty days from the date of communication of the order of the Central Excise Officer determining such duty, the amount of penalty liable to be paid by such person under this section be twenty-five per cent. of the duty so determined: Provided further that the benefit of reduced penalty under the first proviso shall be available if the amount of penalty so determined has also been paid within the period of thirty days referred to in that proviso: Provided also that where the duty determined to be payable is reduced or incre....