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    <title>2015 (2) TMI 743 - MADRAS HIGH COURT</title>
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    <description>Penalty under Section 11AC of the Central Excise Act cannot be reduced by appellate discretion once the statutory conditions for its invocation are satisfied. Where inputs were removed without payment of duty and without prescribed invoices, the duty demand, interest and penalty followed under the statutory scheme, and the Tribunal was not justified in sustaining a reduction made by the Commissioner (Appeals). The Court treated Section 11AC as mandatory in such circumstances and held that the penalty could not be diluted below the duty determined under Section 11A(2).</description>
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      <description>Penalty under Section 11AC of the Central Excise Act cannot be reduced by appellate discretion once the statutory conditions for its invocation are satisfied. Where inputs were removed without payment of duty and without prescribed invoices, the duty demand, interest and penalty followed under the statutory scheme, and the Tribunal was not justified in sustaining a reduction made by the Commissioner (Appeals). The Court treated Section 11AC as mandatory in such circumstances and held that the penalty could not be diluted below the duty determined under Section 11A(2).</description>
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      <pubDate>Fri, 30 Jan 2015 00:00:00 +0530</pubDate>
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