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TMI Blog2016 (12) TMI 1509X X X X Extracts X X X X X X X X Extracts X X X X ..... lty under Section 114A was not imposed and for charging interest. wrong Section 27AB was mentioned instead of correct Section 28AB. Therefore we are of the view that there is apparent and Serious error made by the Ld. Commissioner in the impugned order. Accordingly, we hold that respondent is liable for penalty equal to custom duty under Section 11A of the Customs Act, 1962 and respondent is also liable for payment of interest in terms of Section 28AB of the Customs Act, 1962 on the Custom Duty of ₹ 1,39,93,825/- - appeal allowed - decided in favor of Revenue. - C/694/05 - A/94512/16/CB - Dated:- 13-12-2016 - Mr. Ramesh Nair, Member (Judicial) And Mr. Raju, Member (Technical) Shri. Ahibaran, Addll. Commissioner (A.R.) for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0% EOU) (v) Penalty of ₹ 20,0000/-(Rupees Twenty thousand only) is imposed under Rule 173Q of the Central Excise Act, 1944, on M/s. UNITY AGROTECH INDUSTRIES LTD (100% NOU) (vi) Penalty of ₹ 50,00,000/-(Rupees Fifty lakhs only) is imposed on Shri Sanjay Shah under Section 112 of the Customs Act, 1962. As per the Revenue's appeal relief sought for given as under : (a) Whether, after taking into consideration the facts/grounds as stated above read with the show cause notice, the said order of the Commissioner, Central Excise Customs, Raigad, is legal and proper? (b) Whether the Commissioner has erred in not imposing penalty equal to duty determined under Section 114A of Customs Act, 1962? (c) Whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Customs Act, 1962 and Section 11AA/11AB of the Central Excise. Act, 1944. I find that the notice company have consciously committed breach of conditions of exemption notification referred to above and therefore the provisions, of Section 28AB of the Customs Act, 1962 aid Section 11AB of the Central Excise Act, 1944 would be more appropriated to recover interest in this case and accordingly I hold that interest is leviable on duty payable in this case under the provisions of Section 28AB of the Customs Act, 1962 of the Customs Act, 1962 and Section 11AB of the Central Excise Act, 1944. From the comparison of operative portion of the order and the findings reproduced above, it is apparent that though Ld. Commissioner has given correct fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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