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2014 (3) TMI 914 - AT - Central ExciseRecall and rectification of order - Quantum of penalty - High Court and Supreme Court have dismissed the reference application - Held that:- Once the provisions of Section 11AC are held to be invocable against the appellants, the Tribunal has no jurisdiction to reduce the penalty. In the facts of the present case, we find that the Tribunal vide its earlier order dated 11-10-2000 has held the appellants liable to penalty in terms of provisions of Section 11AC. The said order of the Tribunal stands confirmed by the Hon’ble High Court and subsequently by the Hon’ble Supreme Court - Once the provisions of Section 11AC has been held to be applicable in the appellants’ case, calling for imposition of penalty upon them, such penalty has to be to the extent of 100% of the duty amount. As such by following the Apex Court’s judgment in the case of Rajasthan Spinning & Weaving Mills as also in the case of Dharamendra Textiles, we enhance the penalty equivalent to the duty confirmed against the appellants - Decided against assessee.
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