https://www.taxtmi.com/caselaws?id=100849 Duty paid while price list approval was pending was treated as provisional assessment, so the recovery machinery under the proviso to Section 11A of the Central Excise Act had to await finalisation of those assessments before any short-levy demand could be raised. Penalty under Section 11AC was unavailable for the relevant period because that provision had not yet come into force, and a penal levy cannot operate retrospectively absent express statutory authority. The matter was remitted for reconsideration after finalisation of the provisional assessments, with any proceedings depending on that exercise. en-us Thu, 10 Jan 2002 00:00:00 +0530 Tue, 07 Feb 2012 13:27:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=100849 Duty paid while price list approval was pending was treated as provisional assessment, so the recovery machinery under the proviso to Section 11A of the Central Excise Act had to await finalisation of those assessments before any short-levy demand could be raised. Penalty under Section 11AC was unavailable for the relevant period because that provision had not yet come into force, and a penal levy cannot operate retrospectively absent express statutory authority. The matter was remitted for reconsideration after finalisation of the provisional assessments, with any proceedings depending on that exercise. Case-Laws Central Excise Thu, 10 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=100849