Section 11AC - Penalty for short-levy or non-levy of duty in certain cases

Penalty for short-levy or non-levy of duty: reduced penalties for timely payment; higher penalty for fraud.

The penalty scheme differentiates non-fraudulent short-levy or erroneous refund cases from fraudulent or collusive cases: non-fraud cases attract a capped penalty and may be closed without penalty if duty and interest are paid before or soon after show cause notice or with reduced penalty if paid within prescribed periods; fraud or collusion cases attract a penalty equal to the duty (subject to a transitional reduced percentage where transactions appear in specified records). Appellate modification of duty correspondingly modifies penalty and interest, and payment timeframes for reduced penalties run from the appellate order when amounts are increased.