https://www.taxtmi.com/caselaws?id=256087 Penalty under Section 11AC of the Central Excise Act was treated as mandatory once the statutory conditions were satisfied, leaving no discretion to reduce it below the duty determined under the Act. The Madras High Court followed the settled position, including Supreme Court authority, that the penalty cannot be scaled down merely because an equal penalty is considered harsh. The Tribunal's reduction of the penalty from an amount equal to duty to a lesser sum was therefore held to be contrary to the statutory mandate and was set aside in favour of the Revenue. en-us Thu, 22 Jan 2015 00:00:00 +0530 Tue, 03 Feb 2015 06:05:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=256087 Penalty under Section 11AC of the Central Excise Act was treated as mandatory once the statutory conditions were satisfied, leaving no discretion to reduce it below the duty determined under the Act. The Madras High Court followed the settled position, including Supreme Court authority, that the penalty cannot be scaled down merely because an equal penalty is considered harsh. The Tribunal's reduction of the penalty from an amount equal to duty to a lesser sum was therefore held to be contrary to the statutory mandate and was set aside in favour of the Revenue. Case-Laws Central Excise Thu, 22 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=256087