Imposition of mandatory penalty equal to duty under Section 11AC even though duty is paid before the issue of Show Cause Notice. Supreme Court's judgement dated 12th May, 2009 in the case of U.O.I Vs. Rajasthan Spinning & Weaving Mills and Commissioner of Customs & Central Excise Vs. Lanco Industri

Imposition of mandatory penalty equal to duty under Section 11AC even though duty is paid before the issue of Show Cause Notice. Supreme Court's judgement dated 12th May, 2009 in the case of U.O.I Vs. Rajasthan Spinning & Weaving Mills and Commissioner of Customs & Central Excise Vs. Lanco Industri https://www.taxtmi.com/circulars?id=5914 When the statutory conditions for imposition of the equal penalty provision are fulfilled, there is no discretion to reduce or remit the mandatory equal penalty even if the duty has been paid prior to the issue of a show cause notice; the Board has directed circulation of this clarification to field formations, tribunals and courts for consistent application. en-us Thu, 21 May 2009 00:00:00 +0530 Tue, 26 May 2009 15:24:00 +0530 TaxTMI RSS Generator Imposition of mandatory penalty equal to duty under Section 11AC even though duty is paid before the issue of Show Cause Notice. Supreme Court's judgement dated 12th May, 2009 in the case of U.O.I Vs. Rajasthan Spinning & Weaving Mills and Commissioner of Customs & Central Excise Vs. Lanco Industri https://www.taxtmi.com/circulars?id=5914 When the statutory conditions for imposition of the equal penalty provision are fulfilled, there is no discretion to reduce or remit the mandatory equal penalty even if the duty has been paid prior to the issue of a show cause notice; the Board has directed circulation of this clarification to field formations, tribunals and courts for consistent application. Circulars Central Excise Thu, 21 May 2009 00:00:00 +0530 https://www.taxtmi.com/circulars?id=5914