2010 (6) TMI 420 - AT - Central Excise

Refund of penalty - excess penalty - 100% penalty paid within one month from the date of communication of the order - refund of excess penalty of 75% - refund admissible

Summary

The Appellate Tribunal CESTAT, Chennai dismissed the stay application and took up the appeal for hearing. The appellants paid duty, interest, and 100% penalty promptly. They were entitled to a refund of 75% of the penalty paid. The jurisdictional Commissioner's review of the refund order was deemed unwarranted, and the Order-in-Appeal was set aside.