2011 (4) TMI 1063

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..... UPREME COURT) , the amount of penalty could not be less than the amount of duty - Held that:- penalty amount could not be less than Rs. 10,80,914.36 paisa, the duty, reference is decided accordingly in favour of the revenue and against the assessee. - 7 of 2004 - - - Dated:- 7-4-2011 - Ferdino Inacio Rebello, C.J. and Prakash Krishna, JJ. REPRESENTED BY : Shri C.S.C. S. Chopra, Counsel, f .....

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..... the reference. The Custom Excise and Service Tax Tribunal by the order dated 4th of February 2000 passed in Appeal No. E/1680-1681/2000-NB(DB) [2003 (159) E.L.T. 1018 (Tri. - Del.)] allowed the appeal in part. The Tribunal while upholding the duty confirmed the findings recorded by the authorities below that it is a case of clandestine removal of goods. However, on the question of penalty, it has .....

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