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2016 (10) TMI 277 - SUPREME COURT

2016 (10) TMI 277 - SUPREME COURT - 2016 (340) E.L.T. 4 (SC) - 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 reduce the penalty for an amount lesser than the duty which has been upheld. The duty in respect of two demands comes to ₹ 40,44,720/-. Therefore, going by the provisions of Section .....

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to appeal was granted limited to the question of penalty. 2. In 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/- based on duplicate invoices. (3) Duty demand of ₹ 79,39,162/- based on two diaries seized from one Shri Maheshkumar Satyanarayan Jhawar and on his statement which was recorded during .....

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n 11AC of the Central Excise Act (hereinafter referred to as '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 short-levied or short-paid or erroneously refunded by reasons of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or .....

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