2018 (8) TMI 1001

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.... Per: Ramesh Nair The issue involved in the present appeal is valuation in respect of goods manufactured by 100% EOU and cleared to DTA, whether the provisions of Customs Act or Central Excise Act for Valuation will apply. The appellant has adopted valuation as per Central Excise Act. 2. Sh. J. Madhusuthanan, Ld. Counsel appearing on behalf of the appellant fairly concedes that on the issue on....

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.... appellants have not declared that they have supplied the goods to the related person, therefore, there is suppression of fact accordingly the penalty under Section 11AC was rightly imposed. 4. Considering the submissions made by both the sides and perusal of records, we find that as regard the merit i.e. valuation of the goods manufactured and supplied by 100% EOU to DTA, the issue has been deci....

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....ng authority has not extended the option of reduced penalty of 25% in the order in original in the light of Supreme Court judgment in the case of CCE vs RA Shaikh Paper Mills P. Ltd. 2016 (335) ELT 203 (S.C.) and also CBEC Circular No. 208/07/2008-Cx-6 dated 22.05.2008, the adjudicating authority has to give option for reduced penalty of 25% in writing. Following the ratio of the Supreme Court jud....