https://www.taxtmi.com/caselaws?id=122724 Penalty under Section 11AC of the Central Excise Act remained mandatory where the statutory conditions were satisfied, and the authority had no discretion to dilute it beyond the limited statutory relaxation. Prior payment of duty before issuance of the show cause notice did not, by itself, remove the liability to penalty or extinguish interest where the statutory liability otherwise survived. The appellate view setting aside penalty and interest was therefore unsustainable, and the adjudicating authority's penalty and direction for recovery of interest were restored. en-us Tue, 07 Aug 2007 00:00:00 +0530 Wed, 10 Apr 2013 15:56:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=122724 Penalty under Section 11AC of the Central Excise Act remained mandatory where the statutory conditions were satisfied, and the authority had no discretion to dilute it beyond the limited statutory relaxation. Prior payment of duty before issuance of the show cause notice did not, by itself, remove the liability to penalty or extinguish interest where the statutory liability otherwise survived. The appellate view setting aside penalty and interest was therefore unsustainable, and the adjudicating authority's penalty and direction for recovery of interest were restored. Case-Laws Central Excise Tue, 07 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=122724