- (1.) Heard Sri A.P. Mathur, learned counsel for the appellant and Sri Krishna Agarwal, learned counsel for the respondent.
(2.) The appellant has preferred this appeal against the order of the CESTAT dated 14-2-2008 by which the order of appellate authority as well as the assessing authority has been confirmed by which the seized goods of the appellant have been confiscated and the duty of Rs. 73,990/- and Rs. 68,386/- deposited by it has been appropriated and at the same time a penalty equivalent to the above amount total to Rs. 1,42,358/- and Rs. 25,000/- upon one of the Directors has been imposed under Section 11AC of the Central Excise Act, 1944 (hereinafter referred to as 'the Act').
(3.) At the time of admission of the appeal the following substantial question of law was formulated by the Court : "(1) Whether the Tribunal was justified in deciding the matter without considering the effect of the depositing of duty by the appellant before issuance of the notice?" ;