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Imposition of mandatory penalty equal to duty under Section 11AC even though duty is paid before the issue of Show Cause Notice. Supreme Court's judgement dated 12th May, 2009 in the case of U.O.I Vs. Rajasthan Spinning & Weaving Mills and Commissioner of Customs & Central Excise Vs. Lanco Industri
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Mandatory equal penalty under Section 11AC upheld; must be imposed even if duty paid before show cause notice. When the statutory conditions for imposition of the equal penalty provision are fulfilled, there is no discretion to reduce or remit the mandatory equal penalty even if the duty has been paid prior to the issue of a show cause notice; the Board has directed circulation of this clarification to field formations, tribunals and courts for consistent application.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Mandatory equal penalty under Section 11AC upheld; must be imposed even if duty paid before show cause notice.
When the statutory conditions for imposition of the equal penalty provision are fulfilled, there is no discretion to reduce or remit the mandatory equal penalty even if the duty has been paid prior to the issue of a show cause notice; the Board has directed circulation of this clarification to field formations, tribunals and courts for consistent application.
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