2014 (4) TMI 15

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....nt : S. K. Misra,C.S.C.,Dr. Ashok Nigam, A.S.G.I.,S. P. Kesarwani ORDER Heard Sri Ashok Singh, learned counsel for the appellant and Sri Rahul Agarwal, learned counsel appearing for the assessee. This appeal under Section 35-G of the Central Excise Act, 1944 has been filed against the judgment and order dated 17.07.2007 passed by the Customs, Excise & Service Tax Appellate Tribunal in Exc....

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.... as follows:- "i) Whether the appellate Tribunal on the facts and circumstances of the case could reduce the penalty amount, which is less than the amount of penalty specified under section 11 AC of the Central Excise Act, 1944." This appeal has been admitted on the question as to whether Tribunal after having recorded a finding that the assessee is guilty of suppression can impose a penalty....

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.... India Vs. Rajasthan Spinning and Weaving Mills (supra), the penalty under section 11AC can be imposed only when conditions mentioned in Section 11AC exist. The authorities have no discretion in fixing the quantum of penalty and penalty equal to the duty must be imposed once section 11Ac is made applicable. In view of the foregoing discussions, the question of law is answered in favour of the r....