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TMI Blog2012 (4) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of penalty in case the demand is confirmed by invoking the reasons of fraud or wilful mis-statement. The provisions of Section 11AC also provide that in case the duty determined along with interest is paid within 30 days of the date of communication of the order, an amount of penalty liable to be paid by such persons shall be 25% of the duty so determined. In the present case, as the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso imposed. The Commissioner of Central Excise passed the following order :- (i) The duty of Rs. 29,17,879/- (Rupees Twenty Nine lakh Seventeen thousand Eight hundred Seventy Nine only) as demanded in the Show Cause Notice is confirmed and is recoverable from the Assessee under the provisions of Section 11A of Central Excise Act, 1944. However, since the Assessee have already paid Rs. 13,69,79 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Department. 3. The Revenue is challenging the above mentioned order in respect of the quantum of the penalty imposed under Section 11A of the Central Excise Act, whereby the Commissioner of Central Excise imposed a penalty equal to 25% of the amount already deposited and appropriated. 4. The contention of the Revenue is that the penalty under Section 11AC should be equal to the demand conf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % of the duty so determined. In the present case, as the amount of duty of Rs. 13,69,790/- is already paid, and appropriated by the adjudicating authority, therefore we find no infirmity in the impugned order whereby the Commissioner has imposed a penalty of 25% of the duty, which is already paid. The appeal filed by the Revenue is dismissed. (Dictated in Court) - - TaxTMI - TMITax - Central ..... X X X X Extracts X X X X X X X X Extracts X X X X
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