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2007 (7) TMI 186 - HC - Central ExciseWhether there is any discretion u/s 11AC for imposing penalty less than an amount equivalent to evaded excise duty - held that there is no discretion with the authority to impose penalty less than 100 per cent (or 25 per cent in case the determined penalty is paid within thirty days), as under Section 11AC - Therefore, payment of short duty/unpaid before issuance of show cause notice does not exempt an assessee from payment of penalty under Section 11AC – revenue’s appeal allowed
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