2010 (9) TMI 1066

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..... on of India v. Rajasthan Spinning and Weaving Mills, [2009 (5) TMI 15 - SUPREME COURT OF INDIA] and plain language of Section 11AC of the Act, penalty equal to the amount of duty evaded is mandatory - Since the effect of judgment relied upon and mandate of the statutory provision has not been gone into by the Tribunal, the order of the Tribunal will require re-consideration - petition allowed by w .....

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..... sued and the adjudicating authority passed order in original creating demand of duty and also levied penalty. On further appeal to the Tribunal, though the demand was upheld and so were the findings of clandestine removal and wrongful availment of MODVAT credit, the amount of penalty was reduced. 3. We have heard learned counsel for the petitioner. None appears for the assessee. 4. Learned .....

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