2016 (10) TMI 277

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..... of the revenue is meritorious. - the Tribunal could not reduce the penalty for an amount lesser than the duty which has been upheld. The duty in respect of two demands comes to ₹ 40,44,720/-. Therefore, going by the provisions of Section 11AC of the Act, the penalty should also have been ₹ 40,44,720/- and not ₹ 20 lakhs. - Decided in favour of Revenue - Civil Appeal No. 5145 of .....

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..... e Shri Maheshkumar Satyanarayan Jhawar and on his statement which was recorded during the investigation. 3. The Show Cause Notice was adjudicated upon and the demands were confirmed and on that basis, penalty equivalent to the duty demand was also imposed. The Tribunal, in appeal, set aside the duty demand of ₹ 79,39,162/- but maintained the other two duty demands. However, on that basis, .....

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..... duty as determined under sub-section (2) of section 11A, shall also be liable to pay a penalty equal to the duty so determined: Provided that where the duty determined to be payable is reduced or increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the Court, then, for the purposes of this section, the duty as reduced or increased, as the case may be, shall be .....

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