https://www.taxtmi.com/caselaws?id=234236 Rule 96ZQ of the Central Excise Rules, 1944 imposed a mandatory penalty once the prescribed conditions for delayed payment of compounded duty were satisfied. Because the duty was admittedly not deposited within the time required by Rule 96ZQ(3), the consequences under Rule 96ZQ(5)(ii) followed automatically. The High Court applied its earlier binding view that, where the rule fixes the penalty at the amount of the outstanding duty, neither the adjudicating authority nor the Tribunal can reduce or waive it on equitable grounds. The Tribunal therefore had no discretion to set aside or diminish the penalty. en-us Thu, 08 Nov 2012 00:00:00 +0530 Mon, 05 Aug 2013 10:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=234236 Rule 96ZQ of the Central Excise Rules, 1944 imposed a mandatory penalty once the prescribed conditions for delayed payment of compounded duty were satisfied. Because the duty was admittedly not deposited within the time required by Rule 96ZQ(3), the consequences under Rule 96ZQ(5)(ii) followed automatically. The High Court applied its earlier binding view that, where the rule fixes the penalty at the amount of the outstanding duty, neither the adjudicating authority nor the Tribunal can reduce or waive it on equitable grounds. The Tribunal therefore had no discretion to set aside or diminish the penalty. Case-Laws Central Excise Thu, 08 Nov 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=234236