Section 114A - Penalty for short-levy or non-levy of duty in certain cases

Penalty for short-levy: liable persons face equal penalty unless timely payment secures a reduced penalty.

Where duty or interest was not levied or was short-levied, or interest not charged or paid, due to collusion or wilful mis-statement or suppression of facts, the person liable under sub-section (8) of section 28 must pay a penalty equal to the determined duty or interest; a reduced penalty of twenty-five per cent applies if the duty or interest and interest under section 28AA are paid within thirty days of communication. Appellate variations in duty or interest are taken into account and prior payments to Government may be adjusted against the total amount due.