2006 (6) TMI 227

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..... the Revenue has disputed the correctness of part of the impugned order vide which the Commissioner (Appeals) has dropped the penalty equal to the duty amount of Rs. 14,891/- as confirmed by the adjudicating authority against the respondents. 2.No one is present on behalf of the respondents nor any request for adjournment has been received from them. Therefore, I proceed to decide the appeal aft .....

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..... t aside. But in the instant case, the penalty has been imposed under specific Rule 57-I(4) which permits the imposition of penalty equal to the amount of Modvat credit wrongly claimed/availed by the assessee. The provisions of Section 11AC have been mentioned only as a supplementary provisions. Therefore, the question of apportionment of the penalty under Rule 57-I and Section 11AC did not arise. .....

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