https://www.taxtmi.com/caselaws?id=98557 Delayed filing of monthly RT-12 returns and clearances made without sufficient PLA balance were treated as established defaults, and later adjustment of duty did not erase the lapses. The penalty order was therefore sustained on merits and the finding of liability was upheld. However, the absence of mala fide intent, subsequent payment adjustment, and the assessee's financial difficulty were treated as mitigating factors, so the penalty was found excessive and reduced on quantum. The substantive breach remained, but the penalty was brought down on the basis of bona fide conduct and no intention to evade duty. en-us Wed, 04 Jul 2001 00:00:00 +0530 Sat, 21 Jan 2012 11:30:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98557 Delayed filing of monthly RT-12 returns and clearances made without sufficient PLA balance were treated as established defaults, and later adjustment of duty did not erase the lapses. The penalty order was therefore sustained on merits and the finding of liability was upheld. However, the absence of mala fide intent, subsequent payment adjustment, and the assessee's financial difficulty were treated as mitigating factors, so the penalty was found excessive and reduced on quantum. The substantive breach remained, but the penalty was brought down on the basis of bona fide conduct and no intention to evade duty. Case-Laws Central Excise Wed, 04 Jul 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98557