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TMI Blog2015 (1) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... all be liable to penalty equal to the duty or interest so determined. The expression used is "or", which is disjunctive between duty or interest. Further use of expression "as the case may be" clearly suggests that the said section is referring to two different persons and situations. One which may be liable to duty and the other which may be liable to interest only and provides that in both the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al adjudicating authority confirmed the demand of duty along with interest on some legal disputes against the respondents, in respect of imported goods and imposed penalty equivalent to the differential duty demand. He also gave an option to the Respondents to pay the demand within the period of 30 days along with interest, in which case the penalty shall come down to 25%. 2. The said order was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lent to the duty or interest stands decided by the Tribunal in the relied upon decision, referred supra. The contention of the learned DR is that the said order has not been accepted by the Revenue and an appeal stands filed against it before the Hon'ble High Court. However, he fairly agrees that there is no stay of operation of the said decision. 4. Apart from noticing that the issue is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ' interest as the case may be, who shall be liable to penalty equal to the duty or interest so determined. The expression used is or , which is disjunctive between duty or interest. Further use of expression as the case may be clearly suggests that the said section is referring to two different persons and situations. One which may be liable to duty and the other which may be liable to inte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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