Difference b/w - penalty under rule 25 and Section 11AC

[YP SOOD]

differnce between penalty under rule 25 of Central Excise Rule and Section 11AC of central Excise Act,1944

Dear Sir, Please provide your e-mail id, I would provide you the difference between the Rule 25 and Section 11AC. Due to space constraint I can't discuss it on the discussion forum. Regards, Pradeep Khatri, Consultant - Indirect Taxation, [email protected]

[Prabhakar Vennalaganti]

SECTION 11AC. Penalty for short-levy or non-levy of duty in certain cases. — RULE 25.Confiscation and penalty SEC11AC and Rule 25 are interlinked, which are self explantory under what circumstances penalty is impossable and how it is determined. Keeping these provisons in view, applicability or not is to be debated on case to case basis.

AI Summary

Penalty distinction between short levy offences and confiscation regimes, applicability determined on a case by case basis.
Section 11AC addresses penalty for short levy or non levy of duty, whereas Rule 25 provides for confiscation and penalty; the two provisions are interlinked and their applicability and computation depend on the provisos and factual analysis in each case.