2006 (9) TMI 186

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....t]. - This appeal has been preferred by the revenue proposing following question of law :- "Whether penalty under Section 11AC is liable to be imposed on the assessee and interest under Section 11AB can be levied in those cases which fall under the purview of explanation to sub-section (2B) of Section 11A of the Central Excise Act, 1944, where duty has been deposited before issue of Show Cause ....

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....nd of duty with interest and imposed penalty of Rs. 1,30,301/-. The Commissioner (Appeals) upheld the view of the adjudicating authority. The Tribunal set aside the penalty holding that duty having been paid prior to issuance of show cause notice, imposition of penalty was not justified. 3. We have heard learned Counsel for the revenue. 4. It is well-settled that penalty under Section 11AC o....