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2010 (2) TMI 829 - GUJARAT HIGH COURT
Penalty under proviso to Section 11AC - Tribunal cannot be said to be a non-speaking and non-reasoned order - penalty levied under Section 11AC and when the duty amount is paid before issuance of show cause notice, the penalty is reduced to 25% of the duty amount, If the duty amount with interest is not paid in time and even reduced penalty of 25% of the duty amount is not paid in time and option is not given to the respondent-assessee, such option should be given to the assessee and period of 30 days would commence from the date of giving such option, Tax Appeal stands dismissed.