2008 (12) TMI 484

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..... ined penalty equal to the duty found to have been evaded in terms of Section 11AC of the Central Excise Act, (the Act) applicable interest under Section 11AB of the Act and a penalty of Rs. 20,000/- imposed on the appellants under Rule 25 of the Central Excise Rules, 2002 (CER). As per the records and the appeal, the appellants paid the duty found to have been evaded along with applicable interest .....

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..... to Section 11A(1), the authorities have no discretion to impose a penalty less than the duty evaded. Therefore, the penalty imposed under Section 11AC has to be sustained. 2. On a careful consideration of the rival submissions, I find that where equal penalty is imposed under Section 11AC of the Act, no penalty needs to be imposed under Rule 25 of CER in view of the instructions of the CBEC. Acc .....

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