COMMISSIONER OF CENTRAL EXCISE Vs. MAHARASHTRA PESTICIDE LTD.

JUDGEMENT

(1.) THIS appeal is filed by the Revenue against the impugned order, wherein the penalty under Section 11AC has been reduced to Rs. 2500/ -

(2.) THE facts in brief are that the respondents are engaged in the manufacture of Pesticides falling under Chapter Heading 38 of Central Excise Tariff Act, 1985, 1985. On the basis of information, preventive party visited the unit on 24.8.2002. During the visit and on scrutiny of records it was noticed that the respondents had removed finished goods worth Rs. 2,80,579/ - on 20.8.2002 and 21.8.2002, without preparing invoices and without accounting for in the daily stock account. On pointing out by the departmental officer, the respondents had accepted the said lapses and debited Rs. 44,983/ -on 24.8.2002 and also paid interest on 28.5.2003.

(3.) ON the other hand, the learned Consultant on behalf of the respondent submitted that in this case duty and interest has been paid before the issuance of show -cause notice, in that event the respondent be given benefit of the proviso of Section 11AC.