Mandatory penalty in certain cases

Mandatory penalty for collusion or willful suppression may be reduced if duty and interest are paid promptly.

Section 114A imposes a mandatory penalty equal to the duty or interest determined under Section 28(8) for short-levy, non-payment, part-payment or erroneous refund caused by collusion or willful misstatement or suppression; a reduced penalty is available if the duty/interest and interest under Section 28AA and the reduced penalty are paid within thirty days. If appellate or court orders alter the duty or interest, penalty is recalculated on the revised amount and the reduced-penalty benefit requires payment of the increased duty/interest, interest thereon, and the consequential increase in penalty within thirty days. Penalty under Section 114A excludes levy under Sections 112 or 114, and prior payments are adjusted against dues.