Section 11AC of Central Excise

This query is : Open

Guest

Guest (Querist)

04 February 2009 Hello everyone
My query is regarding section11AC of central excise act.Under this section there is a provision for reduced amount of penalty in first and second proviso if the duty with interest and penalty is deposited within 30 days.This is when assessee does not go for appeal
But when assessee goes for appeal and loses in it then under third proviso he will be liable to pay the duty and interest and penalty on the amount determined under appeal whether increased or decreased.
Query:-Under fourth proviso the exact wordings are "provided also that in that case the benefit of reduced penalty shall be available if the amount of duty so increased and the interest payable thereon and consequential penalty paid within 30 days.
Does this mean that if the amount is determined under appeal and there is fraudcase the amount of penalty shall be reduced only in respect of the increemental amount of duty?i.e supose original duty determined was 50 lakhs and now if duty determined is 70 lakhs then reduction will be available for 20 lakhs only and in in other cases suppose duty determined is 30 lakhs then no reduction will be there.
please explain.

Rajesh Kumar

Rajesh Kumar (Expert)
Follow

05 February 2009 If a persons wants to take benefit of this provision, the amount should be paid within 30 days and then appeal should be filed.

Guest

Guest (Querist)

07 February 2009 Hello everyone
My query is regarding section11AC of central excise act.Under this section there is a provision for reduced amount of penalty in first and second proviso if the duty with interest and penalty is deposited within 30 days.This is when assessee does not go for appeal
But when assessee goes for appeal and loses in it then under third proviso he will be liable to pay the duty and interest and penalty on the amount determined under appeal whether increased or decreased.
Query:-Under fourth proviso the exact wordings are "provided also that in that case the benefit of reduced penalty shall be available if the amount of duty so increased and the interest payable thereon and consequential penalty paid within 30 days.
Does this mean that if the amount is determined under appeal and there is fraudcase the amount of penalty shall be reduced only in respect of the increemental amount of duty?i.e supose original duty determined was 50 lakhs and now if duty determined is 70 lakhs then reduction will be available for 20 lakhs only and in in other cases suppose duty determined is 30 lakhs then no reduction will be there.
please explain.

Upgrade to CAclubindia Pro. Subscribe Now!