2014 (3) TMI 914

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....nd decided. The appellants' grievance is that Sr. Advocate, Shri J. Velapally was to cause appearance. As the Sr. Advocate was busy before the Hon'ble Supreme Court, the request was made to passover the matter and matter was again called around 12.40 p.m. when the Sr. Advocate was on his way to Tribunal to attend the same. In view of the above, we recall the final order referred (supra) and proceed to decide the issue. 2. After hearing both the sides, it is seen that vide impugned order of the Commissioner (Appeals), demand of duty of Rs. 85,73,522/- was confirmed against M/s. Haryana Acrylic Mfg. Co. P. Ltd. along with imposition of penalty of identical amount in terms of the provisions of Section 11AC. Tribunal vide its Final Orde....

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....ion 11AC of the Act, penalty equal to the amount of duty evaded is mandatory and this question clearly arises from the finding recorded by the Tribunal. 5. We find merit in the submission. However, instead of directing the Tribunal to draw up a statement of case and make a reference to this court, we take the question to have been referred and answer the same in favour of the revenue and against the assessee. Since the effect of judgement relied upon and mandate of the statutory provision has not been gone into by the Tribunal, the order of the Tribunal will require reconsideration. The matter will, thus, stand remanded to the Tribunal for decision in accordance with law." Accordingly, the matter stands remanded to the Tribunal. ....