2015 (10) TMI 849

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.... None, for the Respondent. JUDGMENT [Judgment per : Kalyan Jyoti Sengupta, C.J.]. - This appeal is summarily dismissed as the learned Tribunal has found that the pre-condition for imposition of penalty has not been satisfied. This Court is not going to appreciate this fact-finding. Imposition of penalty under Section 11AC of the Central Excise Act, 1944 (for short "the Act") is not automatic....

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....e to pay a penalty equal to the duty so determined; (b) where details of any transaction available in the specified records reveal that any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded as referred to in sub-section (5) of Section 11A, the person who is liable to pay duty as determined under sub-section (10) of Section 11A shall a....

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....ayable shall stand modified accordingly and after taking into account the amount of duty of excise so modified, the person who is liable to pay duty as determined under sub-section (10) of Section 11A shall also be liable to pay such amount of penalty or interest so modified. Explanation. - For the removal of doubts, it is hereby declared that in a case where a notice has been served under sub-....