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TMI Blog2017 (12) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty payable under Section 11AC becomes automatically payable - reliance placed in the case of M/s Rajasthan Spinning and Weaving Mills Ltd. [2009 (5) TMI 15 - SUPREME COURT OF INDIA], where it was held that Once the conditions specified u/s 11AC of the Central Excise Act are satisfied, penalty becomes mandatory and there is no scope of discretionary power - the duty demand with interest as we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eadings of the Central Excise Tariff. During the course of verification of the records of the appellant by the Central Excise Officers during their visit on 11.02.2009, it was noticed that the physical stock of the final products was found to be short in comparison with the RG-1 register. Further, after verification of record, the department was of the view that the products manufactured by the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty. Penalty amounting to ₹ 10,000/- was also imposed on Sh Sanjay Bhatia, Director. At the stage of the first appellant authority, the demands were upheld and aggrieved by the same, the present appeals have been filed by the assessee as well as Sh Sanjay Bhatia, Director. 3. With the above background, we heard Ms Surbhi Sinha, Advocate and Sh R.K. Mishra , DR. 4. It is the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these allegations further. 7. The authorities below have upheld and appropriate duty paid by resorting to invocation of the extended time limit provided in Section 11A. Whenever demand is confirmed on the basis of such allegations, the penalty payable under Section 11AC becomes automatically payable. This view has been upheld by the Hon ble Supreme Court in the case of M/s Rajasthan Spinning an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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