Custom, Excise & Service Tax Tribunal
M/S Kerala State Electronics ... vs Commissioner Of Central Excise, Cochin on 30 September, 2016
CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL SOUTH ZONAL BENCH BANGALORE Appeal(s) Involved: E/856/2006-DB [Arising out of Order-in-Appeal No. 327/2006 C.E. dated 24/05/2006 passed by the Commissioner of Customs & Central Excise (Appeals), Cochin]] M/s KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD KELTRON CONTROL DIVISION AROOR, ALAPPUZHA (DIST.) Appellant(s) KERALA. Versus Commissioner of Central Excise, COCHIN C. R. BUILDING, I S PRESS ROAD, ERNAKULAM, COCHIN, - 682018. Respondent(s)
Appearance:
Shri Manoj Pillai, Advocate For the Appellant Shri Parashiva Murthy, A.R. For the Respondent Date of Hearing: 30/09/2016 Date of Decision: 30/09/2016 CORAM :
HON'BLE SHRI S.S GARG, JUDICIAL MEMBER HON'BLE SHRI ASHOK K. ARYA, TECHNICAL MEMBER FINAL ORDER No. 20872 / 2016 PER ASHOK K. ARYA The appellants, M/s Kerala State Electronic Development Corporation Ltd., Keltron Controls Divisions, Aroor, Kerala, are in appeal against the Order-in-Appeal No. 327/2006-C.E. dated 24.5.2006, passed by the Commissioner of Central Excise (Appeals), Cochin.
2. The appellant is contesting penalty imposed to the tune of Rs. 12,00,000/- (Rupees Twelve lakhs only).
3. The appellant has been represented by the learned advocate, Shri Manoj Pillai and the Revenue has been represented by the learned A.R., Shri Parashiva Murthy.
4. We have carefully considered the facts of the case and the submissions of both the sides.
5. We find that the appellant has already paid 25% of the penalty and as per the provisions of Section 11AC of the Central Excise Act, 1944, if the appellant has paid duty, interest and 25% of the penalty within 30 days of fixation/determination of the liability (duty, interest and penalty) held against them, remaining part of the penalty, if any, is not payable. Consequently once the liability of duty, interest and 25% of the penalty has been discharged, nothing remains payable on the part of the appellant and consequently the penalty over and above 25% of the penalty amount imposed would lose it legal basis.
6. The appeal is allowed in above terms.
(Order pronounced and dictated in open court) (ASHOK K. ARYA) TECHNICAL MEMBER (S.S. GARG) JUDICIAL MEMBER /vc/