https://www.taxtmi.com/caselaws?id=201544 Section 11AC of the Central Excise Act imposes a mandatory penalty once fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty is established, and adjudicating authorities have no discretion to reduce it below the prescribed amount. The Delhi High Court, applying Supreme Court guidance, held that the penalty could not be reduced below the duty-related amount where the statutory conditions are satisfied. However, because the Tribunal and Commissioner (Appeals) had not examined whether those preconditions were actually made out on the facts, the order reducing the penalty was set aside and the matter remitted for that determination. en-us Fri, 29 Oct 2010 00:00:00 +0530 Tue, 17 May 2011 14:48:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=201544 Section 11AC of the Central Excise Act imposes a mandatory penalty once fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty is established, and adjudicating authorities have no discretion to reduce it below the prescribed amount. The Delhi High Court, applying Supreme Court guidance, held that the penalty could not be reduced below the duty-related amount where the statutory conditions are satisfied. However, because the Tribunal and Commissioner (Appeals) had not examined whether those preconditions were actually made out on the facts, the order reducing the penalty was set aside and the matter remitted for that determination. Case-Laws Central Excise Fri, 29 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=201544