2012 (4) TMI 509

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..... there is no dispute as to the fact that the amount of Central Excise duty which has been confirmed by the adjudicating authority was under the first proviso to Section 11A of Central Excise Act, 1944. At the same time I agree with the learned counsel’s submission that even if Section 11AC penalty is imposed, the benefit of payment of 25% of Central Excise duty which has been confirmed by the adju .....

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..... , while the duty has been confirmed under the provisions of the first proviso to Section 11A1 of the Central Excise Act, 1944 was to the tune of Rs. 47,878/- and hence Commissioner (Appeals) should have equivalent amount of penalty. 4. Heard both sides and perused the record. 5. On perusal of record, I find that the Revenue is in appeal against the imposition of penalty under Section 11AC. The .....

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..... f Hon'ble High Court of Gujarat in the case of M/s. Akash Fashion Prints Pvt. Limited 2009 (93) RLT 471 (Guj.). 7. I accept the contentions raised by the learned counsel and hold that appellant is eligible for the benefit of payment of penalty of 25% of the Central Excise duty which has been confirmed by the adjudicating authority, as per the law laid down by the Hon'ble High Court of Gujarat in .....

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