2002 (1) TMI 132

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.... - Appeal No. E/446/2001-NB(D) has been filed by the Revenue on the ground that the penalty imposed in the impugned order is not in conformity with provisions of Section 11AC of the Central Excise Act inasmuch as the penalty imposed is not equal to the amount of duty evaded. The appeal contends that penalty equal to the duty determined is mandatory under Section 11AC and that there is no discretio....

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....showed that in respect of sales in certain areas like Bihar and Northeast of the country, the appellants' local offices had circulated some higher, revised MRPs, which were different from the MRPs printed on the packages of Colour Television Sets. Thereupon, the respondents paid the differential Central Excise Duty based on the higher MRPs indicated in the circulars in respect of the goods cleared....

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....ntral Excise Rules provides for penalty as follows : "…....all such goods shall be liable to confiscation and the manufacturer, producer or license of the warehouse, as the case may be, shall be liable to a penalty not exceeding three times the value of the excisable goods in respect of which any contravention has taken place." 4. In this case, the Tribunal has exercised its discreti....

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....petition and the same is accordingly dismissed." As the present appeal canvasses a legal position to the contrary, it has no merit. 5. We are not able to find any force in the cross objection also inasmuch as the appellant had accepted their liability for the differential duty and had made good the amount during the investigation itself. After agreeing to the liability during the inves....