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2017 (9) TMI 23 - HC - Central ExcisePenalty u/s 11AC - Whether the penalty under Section 11AC which is mandatory in nature can be reduced or waived by the Hon'ble CESTAT? - Held that: - This provision provides for a penalty wherein duty of excise has not been levied, paid or short paid or erroneously rejected by reasons of fraud, collusion or any willful misstatement or suppression of facts, or contravention of any of the provisions of the Act or rules with intent to evade payment of duty. In such a case person liable to pay duty shall also be liable to pay a penalty equal to duty so determined. Penalty was mandatory and the Tribunal did not have discretion to reduce the amount as held by the Supreme Court in case of Dharamendra Textile Processors [2008 (9) TMI 52 - SUPREME COURT] - appeal allowed - decided in favor of appellant-Revenue.
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