COMMISSIONER OF CENTRAL EXCISE Vs. VIRAJ ALLOYS LIMITED

JUDGEMENT

(1.) Heard Mr. Sethna, learned senior counsel for the appellant Revenue and Mr. Kantawala, learned counsel for the respondents.

(2.) The question of law canvassed in this appeal revolve around the interpretation of section 11 AC of the Central Excise Act, 1944 ("the Act" for short) based on the factual scenario hereinbelow.

(3.) This appeal is directed against the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Regional Bench at Mumbai ("the Tribunal" for short); wherein the Tribunal has reduced the quantum of penalty imposed under section 11AC of the Act. The questions of law canvassed by the Revenue are framed as under: