Penalty under Section 11AC left open; pending Tribunal appeal directed to be decided on merits.

Penalty under Section 11AC of the Central Excise Act, 1944 was not finally determined, as the Supreme Court left open whether the penalty had to equal the duty amount. No opinion was expressed on the merits of that question. The matter was disposed of with a direction that the assessee's pending appeal before the Tribunal be decided on its merits.

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Issues: Whether the penalty under Section 11AC of the Central Excise Act, 1944 had to be equal to the amount of duty, and whether that question required adjudication in view of the pending assessee's appeal before the Tribunal.

Outcome: The question was left open, no opinion was expressed on the merits, and the matter was disposed of with a direction that the pending appeal be decided on its merits.

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