https://www.taxtmi.com/caselaws?id=124224 Clearance of excisable goods without payment of duty attracted penalty under Rule 173Q of the Central Excise Rules, 1944, because duty had to be discharged in the prescribed manner and within the prescribed time. Payment of duty and interest before issue of the show cause notice was only a mitigating factor; it did not erase the default or eliminate penal liability. The lower appellate authority was therefore wrong to waive penalty altogether. The proper consequence was levy of penalty, with the pre-notice payment justifying reduction in quantum rather than full exoneration. en-us Mon, 10 Dec 2007 00:00:00 +0530 Wed, 26 Sep 2012 18:37:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124224 Clearance of excisable goods without payment of duty attracted penalty under Rule 173Q of the Central Excise Rules, 1944, because duty had to be discharged in the prescribed manner and within the prescribed time. Payment of duty and interest before issue of the show cause notice was only a mitigating factor; it did not erase the default or eliminate penal liability. The lower appellate authority was therefore wrong to waive penalty altogether. The proper consequence was levy of penalty, with the pre-notice payment justifying reduction in quantum rather than full exoneration. Case-Laws Central Excise Mon, 10 Dec 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124224