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TMI Blog2018 (2) TMI 1551X X X X Extracts X X X X X X X X Extracts X X X X ..... essee to reduced penalty in the order of the original authority - There has been a glaring lapse on the part of the original authority in not recording the option of reduced penalty in the adjudication order. The matter remanded back to the said authority for re-determination of the scope and limit of invoking the penal provisions - Appeal allowed by way of remand. - E/85955/2015 - A/92137/17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed out. Show-cause notice was issued to them for appropriation of the said amount as well as for charge of interest of ₹ 1,43,240/- and for imposition of penalty. It is seen from the records that except for interest of ₹ 81,793/-, the disallowed credit as well as interest thereon had been made good on 27 th December 2007. The remaining interest was deposited on 11 th March 2013 after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Rules 2004 lies when such credit has been wrongly taken or utilised by reason of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of the Central Excise Act, 1994 or of the rules made thereunder with intent to evade payment of duty and such penalty becomes liable in terms of section 11AC of the Central Excise Act, 1944. Undoubtedly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that, not having been done, appellant was obliged to seek appellate remedy. The decision of the Hon ble Supreme Court in re R A Shaikh Paper Mills Pvt Ltd which upheld the reduction of penalty in appellate proceedings despite non-exercise of that option by the assessee on the ground that such option should have been provided for in the order imposing penalty was relied upon. 5. On perusal o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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