COMMISSIONER OF C. EX. Vs. BINNY ENGINEERING LTD

JUDGEMENT

(1.) THE Revenue is on appeal against the order passed by Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai in its Final Order Nos. 672 and 673 of 2008, dated 8 -7 -2008. The following are the substantial questions of law raised in these two appeals: -

(2.) WHETHER on facts and in the circumstances of the case, the 2nd Respondent was right in law in refraining from imposing equal penalty under Section 11AC, when imposition of penalty under Section 11AC is mandatory from 28 -9 -96 on the conditions prescribed therein being satisfied viz., suppression of facts with intent to evade duty as in the present case?

(3.) WE have heard Mr. P. Mahaadevan, learned counsel for revenue as well as Mr. N. Murali, learned counsel appearing for the assessee.