2016 (10) TMI 128

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..... erest amount at the time of passing the impugned order. Therefore, his imposing penalties equal to the duty determined is in order. - the decision in the case of Bharathi Airtel Ltd. & Others Vs. C.C., Bangalore [2012 (7) TMI 233 - CESTAT, BANGALORE] relied upon - penalty under Section 114A should be equal to the duty or the interest so determined - appeal rejected - decided against Revenue. - C/ .....

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..... be equal to the duty determined plus interest determined as contended by the appellants. In both the cases, the learned adjudicating authority has imposed penalty under Section 114A, being equal to the differential duty determined in the impugned order. Section 114A provides for levy of penalty equal to the duty or interest payable by a person in cases involving collusion or any willful mis-state .....

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..... s mentioned in the show-cause notices. The interest payable depends not only on the duty so determined but also the actual date of payment of the duty so determined. Only then, the actual interest payable will be ascertainable. Obviously, in the present cases, the Commissioner at the time of adjudication of the case could not have determined the actual amounts of interest to be included in penalti .....

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