https://www.taxtmi.com/caselaws?id=124034 Where the rule authorising monthly duty payment, penalty and interest had been omitted before the show-cause notice was issued, and no saving clause preserved pending action, penalty could not be sustained despite retrospective protection under section 38A of the Central Excise Act and revalidation under section 132 of the Finance Act, 2001. The Explanation to section 132 protected persons from penal consequences where the act or omission was no longer punishable after the provision came into force, so the penalty demand failed. Interest on delayed duty payment, treated as a quasi-punitive liability arising on default, was also not recoverable retrospectively on the same reasoning, and the interest demand likewise failed. en-us Fri, 25 Jul 2008 00:00:00 +0530 Mon, 24 Sep 2012 17:39:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124034 Where the rule authorising monthly duty payment, penalty and interest had been omitted before the show-cause notice was issued, and no saving clause preserved pending action, penalty could not be sustained despite retrospective protection under section 38A of the Central Excise Act and revalidation under section 132 of the Finance Act, 2001. The Explanation to section 132 protected persons from penal consequences where the act or omission was no longer punishable after the provision came into force, so the penalty demand failed. Interest on delayed duty payment, treated as a quasi-punitive liability arising on default, was also not recoverable retrospectively on the same reasoning, and the interest demand likewise failed. Case-Laws Central Excise Fri, 25 Jul 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124034