https://www.taxtmi.com/caselaws?id=125249 The Appellate Tribunal CESTAT, NEW DELHI confirmed a duty demand of Rs. 1,99,917/- against M/s. Acchyut Packaging Pvt. Ltd. under the proviso to Section 11A(2) of the Central Excise Act, 1944. Penalties of Rs. 10,000/- on the company and Rs. 2,500/- on the respondent Director were imposed under Rule 25 of the Central Excise Rules, 2002. The Commissioner (Appeals) upheld the penalties, stating that Rule 26 sets the maximum limit of penalty, making the quantum discretionary. The Tribunal dismissed the Revenue's appeal, emphasizing that Rule 26 sets an upper limit for penalties, with the actual amount being discretionary and not subject to a minimum threshold. en-us Mon, 08 Dec 2008 00:00:00 +0530 Mon, 22 Oct 2012 11:21:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125249 The Appellate Tribunal CESTAT, NEW DELHI confirmed a duty demand of Rs. 1,99,917/- against M/s. Acchyut Packaging Pvt. Ltd. under the proviso to Section 11A(2) of the Central Excise Act, 1944. Penalties of Rs. 10,000/- on the company and Rs. 2,500/- on the respondent Director were imposed under Rule 25 of the Central Excise Rules, 2002. The Commissioner (Appeals) upheld the penalties, stating that Rule 26 sets the maximum limit of penalty, making the quantum discretionary. The Tribunal dismissed the Revenue's appeal, emphasizing that Rule 26 sets an upper limit for penalties, with the actual amount being discretionary and not subject to a minimum threshold. Case-Laws Central Excise Mon, 08 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125249