2012 (1) TMI 30

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..... llant   M.M.KUMAR, J.   1. The Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for brevity 'the Tribunal') vide impugned order dated 5.1.2011 (A.6) has merely granted statutory right to the assessee namely M/s Beas Scientific Dyers to deposit the amount of penalty under Section 11 AC of the Central Excise Act, 1944 (for brevity 'the Act'). According to the principal clau .....

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..... nting to Rs. 278135/- on M/s Beas Scientific Dyers, New Shakti Nagar, Ludhiana. 3. I also impose a penalty amounting to Rs. 100000/- (Rupees one lac only) on Sh. Ashok Kumar, Partner, M/s Beas Scientific Dyers, New Shakti Nagar, Ludhiana. Sd/-   Assistant Commissioner"   2. A perusal of the aforesaid order would show that the assesseerespondent would have no option except to comply w .....

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..... the Act then the Tribunal was fully justified in granting one opportunity to the assessee to pay the amount of penalty in terms of proviso to Section 11 AC of the Act within a period of 30 days by earning the benefit of paying penal amount to the extent of 25% instead of amount equivalent to the amount of duty. We find that the order of the Tribunal does not suffer from any legal infirmity warran .....

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