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TMI Blog2007 (6) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... o. E/117/2007 - F. O. No. 716/2007 and S. O. No. 569/2007 - Dated:- 15-6-2007 - [Order per] - After examining the records and hearing both sides, I am of the view that the appeal itself requires to be finally disposed of at this stage. Accordingly, after dispensing with predeposit, I take up the appeal. 2. The original authority confirmed a demand of Rs.5,04,829/- against the appellants und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit Rules, '02/Rule15 of the CENVAT Credit Rules,'04 read with Section 11AC of the Central Excise Act. In an appeal filed by the aggrieved party, learned Commissioner (Appeals) reduced the penalty to 25% of the duty amount and sustained the rest of the decision of the lower authority. The present appeal is against the penalty imposed by the Commissioner (Appeals). 3. After hearing both side ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to pay penalty in terms of the provisions of Section 11AC of the said Act vide sub-rule 2 of Rule 15. Apparently, it is this provision which has been invoked by the lower authorities for imposing penalty on the appellants. The question which now arises for consideration is whether any penalty was liable to be imposed on the party under the above provision on the facts of this case. The materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nter alia relied on an earlier order passed by the appellate Commissioner himself vacating a similar penalty. 4. After giving careful consideration to the submissions, I am unable to countenance the view taken by the lower authorities on the penalty issue. Admittedly, the substantive demand is under Section 11A of the Central Excise Act, the demand of, interest is under Section 11AB of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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