2007 (1) TMI 382

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..... he Revenue is aggrieved by the order of the Commissioner of Central Excise (Appeals) imposing penalty of Rs. 15,000/- on the respondents herein, which amount is lesser than the duty of Rs. 1,85,348/- confirmed against them, on the ground that penalty of amount equal to duty should have been imposed in terms of Section 11AC of the Central Excise Act, 1944. 2. I have heard both sides. 3. The Rev .....

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..... ntral Excise Act, 1944 are not attracted on payment of duty prior to issue of show cause notice, is applicable on all fours to this case, and the assessees have also filed cross objections contesting their liability to penalty. Following the ratio of the Bombay High Court s decision cited supra, I set aside the penalty imposed upon the assessees. Hence the question of considering any enhancement i .....

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