1998 (5) TMI 102

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....te, for the Respondent. [Order per : Justice U.L. Bhat, President]. -  The Commissioner of Central Excise, Coimbatore seeks reference of the following question to the jurisdictional High Court under Section 35G of the Central Excise Act, 1944 :- "Whether the Hon'ble Tribunal was correct in holding that the mandatory penal interest under section 11AB of the Central Excise Act, 1944 wi....

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....eal filed by the assessee, the Tribunal set aside the imposition of mandatory penalty as well as the penal interest. The department does not challenge the cancellation of the imposition of penalty, but seeks to raise a question of law in regard to imposition of penal interest. 3. The Tribunal relied on the decision of Supreme Court in the case of Brij Mohan v. Commissioner of Income Tax re....