2018 (2) TMI 1551

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....Respondent ORDER Revenue is in appeal against order-in-appeal CD/146/M-III/2014 dated 12^th December 2014 of Commissioner of Central Excise (Appeals), Mumbai - III, which has reduced the penalty under rule 15(2) of the CENVAT Credit Rules 2004 to 25% as prescribed in the said rule. The original authority had imposed a penalty of Rs. 14,36,345/- equal to CENVAT credit that had allegedly been ....

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....ise Act, 1944 which is mandatorily equal to the duty that was evaded. She placed reliance on the judgment of the Hon'ble Supreme Court in Union of India v. Rajasthan Spinning & Weaving Mills [2009 (238) ELT 3 (SC)] and Union of India v. Dharmendra Textile Processors [2008 (231) ELT 3 (SC). 2. Learned Counsel for the appellant places reliance on the decision of the Hon'ble Supreme Court in Commi....

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....and interest payable thereon are discharged 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 shall be 25% of the duty so determined. The contention of Learned Authorised Representative is that the privilege of reduced penalty is suo motu available to any assessee, and, not having availed that....