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2014 (12) TMI 863 - MADRAS HIGH COURTPenalty u/s 11AC - Confiscation of seized goods under Rule 173Q(2) of Central Excise Rules, 1944 - penalty for contravention of Rule 173Q of the Central Excise Rules - Interest u/s 11AB - Held that:- In view of the categorical statement of law and taking note of the specific provision of Section 11AC where there is a specific mandate that the assessee shall be liable to pay penalty, the mere payment of duty even after the show cause notice is not a ground to waive penalty. Hence, the Tribunal is not justified in deleting the penalty imposed under Section 11AC of the Central Excise Act. Such a mandate under the Statute cannot be given a go-by by the Tribunal. We therefore, answer the question of law in favour of the Revenue - Decided in favour of Revenue.
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