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2011 (1) TMI 337 - AT - Central ExcisePenalty - Rectification of mistakes - both the lower authorities have not extended an option to pay amount demanded with interest and penalty to the extent of 25% of the duty demanded within 30 days as provided under Section 11AC of Central Excise Act - Failure to deposit it will attract penalty - Rectification of Mistake application is allowed
The Appellate Tribunal CESTAT, Ahmedabad allowed the Rectification of Mistake application. The appellant was granted the option to pay duty with interest and 25% penalty within 30 days to avoid penalty equal to the duty amount demanded. The Tribunal found a mistake in not extending this option as per Section 11AC of the Central Excise Act, 1944.
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