SRI VIGNESH TEXTILES Vs. CCE

JUDGEMENT

(1.) SHRI R. Balagopal, Ld. Consultant, appearing for the appellants fairly states that the appellants are not contesting the duty liability which has been discharged well before the issue of Show Cause Notice. However, he pleads for reduction in the penalty and waiver of the interest amount.

(2.) SHRI T.H. Rao, Ld. SDR, appearing for the department states that this is a case of clandestine manufacture and removal of goods and in such cases, in view of the ruling by the Hon'ble Supreme Court in the case of UOI v. Dharamendra Textile Processors : 2008 (231) ELT 3 (S.C.) the penalty under Section 11AC has to be mandatorily imposed and interest charged as no discretion is available under the law.