ITAT grant benefit of reduced penalty of 25% as per-deposit was sufficient to cover all dues alongwi

Excise : If assessee had made pre-deposit in year 2000 as per stay order of Tribunal and matter was remanded back and fresh adjudication order was passed in year 2004 and said pre-deposit is enough to cover duty, interest and 25 per cent penalty, said adjudication order cannot levy penalty more than 25 per cent of duty