CCE Vs. MAURYA UDYOG LTD.

JUDGEMENT

(1.) THE issue raised in this appeal which is filed at the instance of the Revenue is whether penalty under Section 11AC of the Central Excise Act 1944 should be equal to the duty imposed on the assessee. That issue is covered by the Tribunal's decision in the case of Escorts JCB Ltd. v. Commissioner of C. Ex., New Delhi against the Revenue. Tribunal has taken the view that the Section fixes only the maximum and the penalty need not be same as the duty. In this view, we do not find any reason to interfere with the order passed by the authorities below. Appeal fails. It is accordingly dismissed.