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TMI Blog2018 (2) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... For availing reduced penalty of 25%, the assessee has to deposit the adjudged tax with applicable interest along with 25% of the penalty imposed under Section 78, within 30 days of the receipt of adjudication order - Admittedly, in the present case, the time limit of 30 days has not been followed by the appellant/assessee. There is no provision to extend such time limit - benefit of reduced penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearance to defend their case. Since adequate opportunities have already been provided, with due notice on various occasions, these appeals are taken up for disposal, taking assistance from the ld. AR and on perusal of the appeal records. 2. The appellant are engaged in the manufacture of slurry explosives and detonating fuse liable to central excise duty. They were registered with department fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f reduced penalty is not available to them. 3. The assessee/appellant is aggrieved by non-availability of facility of reduced penalty under Section 78 by the impugned order. The Revenue is aggrieved for non-imposition of penalty under Section 76. 4. We have heard the ld.AR and perused the appeal records. 5. On the first point, regarding the prayer of the appellant/assessee for reduced penalty, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent in Section 78 w.e.f. 10.05.2008, there is no bar in imposing penalty under both the sections. This has been clarified by the Hon'ble Delhi High Court in the case of Bajaj Travels Ltd. judgement dated 3.8.2011 in CEAC 6/2009 and also by Karala High Court in the case of Asstt. Commissioner Vs. Krishna Poduval - (2005) 199 CTR Ker 581, 2005 (4) KLT 947. Following the above said ratio, we hold tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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