2011 (11) TMI 227

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....1)517/2003 dated 22.8.2003.  2. The brief facts of the case are that during the investigation it was noticed that assessee during the period from 26/07/98 to 09/02/99, have clandestinely removed/cleared samples of their finished products/excisable goods valued at Rs.26,143/- without payment of Central Excise duty of Rs.4183/-.  Similarly, the assessee on 24.03.99 have removed excisable....

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....submits that in this case the penalty was imposed by the lower authority under Section 11AC of the Central Excise Act. Under Section 11AC the penalty is mandatory and it is equal to the duty involved in the case.  He submits that Commissioner (Appeals) has no power to reduce the penalty imposed under Section 11AC. He also submitts that the issue stands settled in view of the Supreme Court dec....