2007 (7) TMI 264

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o the Commissioner (Appeals) for de novo proceedings to assign reasons for reduction in penalty, by taking into consideration the recent judgment of Bombay High Court at Aurangabad Bench which shows there is no discretion under Section 11AC of the Central Excise. Act to award penalty lesser than evaded duty
Shri T. Anjaneyulu, Member (J) Shri N.A. Sayyad, DR, for the Appellant. Shri Anil Chut .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tax from the service receiver (Grasim Industries Ltd.) and if they have knowledge, they would have paid it and collected it from them. Anyway the assessee has paid the amount under the bona fide belief without any ill intention. According to the assessee the Commissioner (A) has rightly reduced the penalty amount to Rs. 25,000/- which has also been paid. 3. The learned DR contended that the Commi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X