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TMI Blog2011 (5) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... hich case, the penalty shall stand reduced to 25% of the amount - The Tribunal, in the case of M/s Swati Chemicals & others and Hon'ble High Court of Gujarat in the case of M/s Exotic Associates Vs. CCE, has held that where no such option is extended by the lower authority, the same can be extended by higher appellate forum - It is made clear that failure to deposit the above penalty, will result ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not contesting the demand of duty which already stands paid by them. The prayer is to reduce the penalty of identical amount imposed upon the appellant in terms of provisions of Rule 25(1) of Central Excise Rules, 2002. Though, we find that the penalty stand imposed under Rule 25, but legally speaking, the same should have been imposed under Sect ion 11A. Further, the lower authorities should h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion. The same is required to be deposited by the appellant along with interest (as duty has already been deposited), within 30 days from today, in which case, the penalty shall stand reduced to 25%. It is made clear that failure to deposit the above penalty, will result in upholding the penalty of 100% imposed by the lower authority. 3. Appeal is disposed off in above terms. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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