2009 (7) TMI 984

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..... No. A/1298-1299/WZB/AHD/2007 dated 4-6-2007, upheld the duty confirmation of Rs. 31,568/- but reduced the penalty to Rs. 8,000/-. Being aggrieved with the above order Revenue filed tax appeal before the Hon ble Gujarat High Court, which stands disposed off by the Hon ble High Court vide their order dated 2-3-2009, remanding the matter to the Tribunal for fresh decision, in the light of the law de .....

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..... the above order. 3. In terms of the first and second provisos to Section 11AC, if 25% of the penalty amount is deposited within a period of 30 days from the passing of the order by Original Adjudicating Authority or from the date of enhancement by the appellate authority, the penalty amount shall stand reduced by 25% of duty amount. Inasmuch as the appellant had deposited full amount of penalty .....

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