2006 (11) TMI 214

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....24-1-2002 passed by the Customs, Excise & Gold (Control) Appellate Tribunal (for short, "the Tribunal"), seeking reference of following question of law :- "Whether CEGAT can reduce the mandatory penalty imposed under Section 114A of the Customs Act, which is equal to duty demanded?" 2. The assessee claimed the benefit of Special Additional Duty of customs in respect of its import. The said claim....

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.... or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under sub-section (2) of Section 28 shall also be liable to pay a penalty equal to the duty or interest so determined]." 5. We have already gone into this question while interpreting Section 11AC of the Central Excise Act in our judgment dated 21-7-2006 in Commissioner of Central Exci....