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TMI Blog2009 (1) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... tedly, assessee has complied with the first proviso of Section 11AC by paying the amount prior to the raising of demand - Accordingly, the equivalent penalty under Section 11AC of the Act shall stand reduced to 25% if the assessee complies with requirement of second proviso to Section 11AC – no infirmity in tribunal’s order of reducing the penalty X X X X Extracts X X X X X X X X Extracts X X X X ..... Only) involved on 35,982 L.Mtrs MMF illicitly removed from M/s. Akash Fashion Prints Pvt. Ltd. under the provisions of Section 11A of the Central Excise Act, 1944. Since the amount has already been paid willingly by the unit, I appropriate the same against the demand. 2. I impose penalty of Rs.1,03,628/- on M/s.Akash Fashion Prints Pvt. Ltd., Ahmedabad under Section 11AC of the Central Excise Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Adjudicating Authority and the fact that the Tribunal had reduced the penalty to 25% of the penalty imposed, the learned counsel once again reiterated request for adjournment. In light of the peculiar facts of the case, the request has been turned down by the Court. 3. Section 11AC of the Act provides for levy of penalty in cases of short-levy or non-levy of duty in certain cases. The first p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, admittedly, the amount which was paid prior to the raising of demand has to be considered as having been in compliance with the first proviso. Accordingly, the equivalent penalty of Rs.1,03,628/- under Section 11AC of the Act shall stand reduced to 25% if the assessee complies with requirement of second proviso to Section 11AC of the Act. It is in this context that the Tribunal has reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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