2003 (8) TMI 43 - SCH - Central Excise

Penalty - Alteration in computation - Held that - When the basis for computation of excise duty has been altered by the Tribunal, it may not be correct to levy penalty. Therefore, in the facts and circumstances of the case we think there is no basis to levy any penalty upon the appellants. The order made by the authorities, as affirmed by the Tribunal is set aside to that limited extent. In other respects, the order of the Tribunal shall remain undisturbed - Decided partly in favour of assessee.

Summary

The Supreme Court of India dismissed the appeal but deleted the penalty imposed, stating that there was no basis for it due to altered computation of excise duty by the Tribunal. The rest of the Tribunal's order remains undisturbed. The appeal was allowed in part to the extent of deleting the penalty.