TMI Blog2016 (10) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... ity had no power to reduce the penalty from the amount equal to the duty. The decision in the case of The Commissioner of Central Excise Versus M/s. Viraj Alloys Ltd. [2010 (10) TMI 1027 - BOMBAY HIGH COURT] relied upon - appeal allowed - decided in favor of Revenue. - Appeal No. C/466/05 & E/2233/05 - Order No. A89513-89514/16/CB - Dated:- 26-8-2016 - Shri Ramesh Nair, Member (Judicial) And Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be mandatorily equal to the duty confirmed. 3. Shri M.K. Sarangi, learned Jt. Commissioner (AR) appearing on behalf of the Revenue submits that under Section 114A, the penalty is to be imposed equal to duty and no option is available to the authority to reduce such penalty. This has been settled by the various judgments as cited below: - (i) Commissioner of Customs (Exports), Chennai-I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain cases. - Where the duty has not been levied or has been short-levied or the interest has not been charged or paid or has been part paid or the duty or interest has been erroneously refunded by reason of collusion or any wilful mis-statement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under sub-section (8) of section 28 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r inasmuch as imposed the reduced penalty of ₹ 50 lakhs is not sustainable. We, therefore, enhance the penalty from ₹ 50 lakhs to ₹ 11,02,06,881/-. The impugned order is modified to that extent. Revenue s appeal is allowed. 7. As regard Appeal No. E/2233/05, it was pointed out by the learned AR that this appeal is not a fresh appeal, but the additional documents were submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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