9911796707
TMI Blog2015 (4) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... e Revenue : Shri G P Thomas, Authorised Representative Per : Mr.P.K. Das, These appeals are arising out of a common order and therefore all are taken up together for disposal. 2. The appellants a 100% EOU engaged in the manufacture of Twisted Yarn. On 4.5.1999, the Preventive Officers of Headquarter during the verification of stock found shortage of duty free imported material. After thorough i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Rs. 50,000/-. 3. The Learned Advocate fairly submits that they are not disputing the demand of Central Excise duty alongwith interest, which they have already paid. He submits that as they have already deposited the entire amount of duty, they are entitled to pay the penalty 25% of the duty as per provisions of section 11AC of the Central Excise Act 1944. He further submits that the goods are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the records, we find force in the submissions of the learned Advocate. It is noticed that the Adjudicating Authority has not given option for payment of the penalty of 25% of the duty along with entire duty and interest within 30 days from the date of receipt of Adjudication order as per Section 11AC of Central Excise Act, 1944. The High Court of Gujarat in the case of CCE, Surat Vs Rajshree Mill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue and held that duty demanded on duty free imported raw material by availing the exemption notification used in final product, cleared in DTA and demand of Central Excise duty was raised, Customs duty on raw material cannot be sustained. Regarding the imposition of penalty on the Director, it is noticed that separate penalties were imposed under the Customs Act and Central Excise Act, which ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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