TMI Blog2014 (3) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal has upheld a finding of fact of the authorities below that there was an intention on the part of the assessee to evade payment of duty on due date. Thus, equivalent penalty under Section 11AC of the Act was warranted. However, purporting to exercise its discretion, the Tribunal has by the impugned order reduced the penalty - However, in the present facts and circumstances of the case the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther in the facts and circumstances of the case and in law, the Tribunal is justified in reducing the penalty imposed under Section 11AC of the Act having regard to the mandatory language of Section 11AC of the Act? 2. On 10 July 2008, this appeal was ordered to be heard along with Central Excise Appeal No.195 of 2006 which involves an identical question of law. Learned counsel for the Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be imposed as there was no intention to evade the payment of penalty. 4. In the present case, the Tribunal has upheld a finding of fact of the authorities below that there was an intention on the part of the assessee to evade payment of duty on due date. Thus, equivalent penalty under Section 11AC of the Act was warranted. However, purporting to exercise its discretion, the Tribunal has by th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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