2009 (6) TMI 905

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..... e filed this appeal against the order of the Commissioner (Appeals), whereby penalty was reduced. 2. The relevant facts of the case, in brief, are that the respondent is engaged in the manufacture of PVC Pipes. On 5-6-2004, the Central Excise Officers visited the respondent's factory and conducted stock verification. The Central Excise Officers detected shortage of finished goods involving centra .....

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..... oods were cleared clandestinely and, therefore, imposition of penalty under Section 11 AC is warranted. 4. Ld. DR submits that the same assessee in earlier occasion, in the month of January, 2003 during stock verification, found shortage of inputs. He submits that the respondent is a habitual offender and, therefore, penalty of equal amount of duty is imposable. 5. Ld. Counsel on behalf of the r .....

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..... 1 AC of the Act is imposable. 1st Proviso to Section 11 AC of the Central Excise Act, 1944 provides that if the assessee deposited the duty within 30 days from the date of receipt of the Adjudication Order, penalty would be reduced to 25% of duty. In the present case, I find that the Original Authority imposed penalty of equal amount of duty even the assessee deposited the duty before issue of sho .....

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