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2016 (4) TMI 1076 - SUPREME COURT

2016 (4) TMI 1076 - SUPREME COURT - 2016 (335) E.L.T. 203 (SC) - Mandatory penalty contained in Section 11AC of the Central Excise Act - No mention of penalty under Section 11AC of the Central Excise Act in the show cause notice and also in the Order-in-Original dated 30.04.2004. Because of these reasons, as far as this appeal and the special leave petitions are concerned are dismissed by the Apex Court - Civil Appeal No(s). 10036/2010 With SLP(C) No. 2412/2011 SLP(C) No. 12549/2011 - Dated:- 18 .....

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RAJASTHAN SPINNING & WEAVING MILLS (2009) 13 SCC 448 wherein it is decided that mandatory penalty contained in Section 11AC of the Central Excise Act cannot be reduced by the courts, learned counsel for the respondent has drawn our attention to the Circular dated May 22, 2008 issued by the Central Board of Excise & Customs which, inter alia, states as under: In view of the points as discussed above, Board has decided that in all the cases, wherein penalty under Section 11AC of the Act i .....

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