2009 (1) TMI 113

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....ER JUSTICE D. A. MEHTA - This appeal challenges order dated 02.08.2007 made by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, by proposing the following questions: "Whether, in the facts and circumstances of the case, the tribunal is justified in reducing the mandatory penalty levied under Section 11AC of the Central Excise Act despite confirmation of the demand of....

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.... Rs.1,03,628/- in the event M/s.Akash Fashion Prints Pvt. Ltd. complies with the requirement of second proviso to section 11AC of the Act." 2. Respondent-assessee carried the matter in appeal but did not succeed. Hence, second appeal was preferred before the Tribunal. The Tribunal has reduced the penalty from Rs.1,03,628/- to Rs.25,907/-, namely 25% of the sum. When the matter came up for he....

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....o the main provision by stipulating that where the duty and the interest are 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 under Section 11AC of the Act shall be 25% of the duty so determined; and under second proviso, it is provided that the benefit of reduced penalty under the first....