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2011 (2) TMI 388 - BOMBAY HIGH COURTQuantum of penalty - the respondent-assessee did not pay the penalty within the time stipulated in the second proviso, the adjudicating authorities had no discreation of imposing lesser penalty or to reduce the penalty under Section 11-AC than the amount of duty determined under Section 11-A of the Central Excise Act, 1944 - It is thus clear that reduction of penalty without verifying whether the penalty was paid within 30 days, as contemplated by the second proviso, was wrong and illegal and hence deserves to be set aside - the Appeal is allowed but with no order as to costs.
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