2012 (4) TMI 411

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..... proviso of Section 11AC by paying the amount prior to the raising of demand is eligible for the provisions of Section 11AC which talks about the discharge of 25% of duty liability as penalty if it is paid within 30 days from the date of the order of the Tribunal –as decided in case of CCE, Ahmedabad Vs. Akash Fashion Prints Pvt. Ltd. (2009 - TMI - 33022 - GUJARAT HIGH COURT) – in favour of asse .....

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..... at the tax appeal of the Revenue is only in respect of the question of penalty under Section 11AC, which needs to be looked into by the Tribunal from the angle of imposition of quantum of thereof. 3. Ld.Counsel submits that thee is no dispute as regards payment of Central Excise duty for the captively consumed goods. It is his submission that since it is the question of penalty under Section 1 .....

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..... e of duty liability which has arisen by invocation of extended period of limitation, under Section 11 AC, penalty is imposable under Section 11AC, which is equal to the amount of duty paid. But, I find that the appellant is eligible for the provisions of Section 11AC, which talks about the discharge of 25% of duty liability as penalty, if it is paid within 30 days from the date of the order of the .....

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