2002 (4) TMI 131 - AT - Central Excise

Summary

The appellate tribunal considered the confirmation of penalty under Section 11AC of the Central Excise Act, 1944. The appellants argued against the penalty being equal to the duty amount and pointed out the lack of bifurcation of penalties under different rules. The tribunal agreed that penalty need not always be equal to duty and remanded the matter for reevaluation, considering extenuating circumstances. The original authority was instructed to grant the appellants an opportunity to present their case and to consider imposing a lesser penalty amount if necessary.