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Commissioner of Central Excise and Customs, Surat-I Versus M/s. Vandana Art Prints Pvt. Ltd.

2016 (10) TMI 277 - SUPREME COURT

Quantification of penalty - power to tribunal to reduce the penalty u/s 11AC below the amount of confirmed duty - Held that:- on the basis of language of Section 11AC of the Act, the submission of the revenue is meritorious. - the Tribunal could not .....

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44,720/- and not ₹ 20 lakhs. - Decided in favour of Revenue - Civil Appeal No. 5145 of 2008 - Dated:- 5-9-2016 - MR. A.K. SIKRI AND MR. ROHINTON FALI NARIMAN JJ. Mr. K. Radhakrishnan, Mr. Rupesh Kumar, Ms. Aruna Gupta, Mr. H. K. Naik, Mr. B. Kr .....

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this behalf, we may point out that in the Show Cause Notice issued by the Department, three duty demands were raised which were as follows: - (1) Duty demand of ₹ 26,94,890/- based on Delivery Challans. (2) Duty demand of ₹ 13,49,830/- b .....

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on and the demands were confirmed and on that basis, penalty equivalent to the duty demand was also imposed. The Tribunal, in appeal, set aside the duty demand of ₹ 79,39,162/- but maintained the other two duty demands. However, on that basis, .....

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39;Act'), the penalty has to be equal to the duty so determined. 5. Section 11AC of the Act reads as under:- 11AC. Penalty for short-levy or non-levy of duty in certain cases - Where any duty of excise has not been levied or paid or has been shor .....

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uty, the person who is liable to pay duty as determined under sub-section (2) of section 11A, shall also be liable to pay a penalty equal to the duty so determined: Provided that where the duty determined to be payable is reduced or increased by the .....

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