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TMI Blog2017 (12) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... period prior to the substitution of new Section 11AB of the Act, the provisions of such amended rule will not be applicable in the case of the appellant herein. Therefore, the appellant should get the benefit of payment of reduced amount of penalty of 25% in terms of Section 11AC ibid - appeal allowed - decided in favor of appellant. - E/55413/2013-SM - Final Order No. 58253/2017 - Dated:- 4-12- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e benefit of the reduced amount of penalty has been denied by the department on the ground that the appellant did not pay the interest amount under Section 11AB of the Central Excise Act, 1944 attributable to the late payment of the duty amount. 2. The ld. Advocate appearing for the appellant submits that the provisions of Section 11AB of the Act existed at the material time provides for paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d both sides and perused the case records. 5. The fact is not under dispute that the appellant had deposited ₹ 13.80 lakhs before issuance of the show cause notice and the said amount was adjusted against the demand of ₹ 13,15,524/- confirmed by the adjudication order dated 9.9.2002. Thus, it is evident that at the time of passing of the adjudication order, there was no outstanding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in absence of any outstanding amount of duty pending against the assessee for recovery. In this case, since, the entire duty amount has been paid by the appellant before adjudication of the matter, I am of the view that the benefit of reduced amount of penalty in terms of Section 11AC of the Central Excise Act, 1944 should be available to the appellant, which admittedly has been extended by the au ..... X X X X Extracts X X X X X X X X Extracts X X X X
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