https://www.taxtmi.com/caselaws?id=170420 Under the compounded levy regime, a later intimation to shift to actual-production assessment was treated as a prospective exit from the scheme rather than a retroactive change. The assessee's notice sent on 1-10-1998 could not affect the full financial year 1998-99, but it could operate from 1-4-1999, making actual-production assessment available for 1999-2000. On penalty, mandatory equal penalty provisions under the relevant rules were held not to be mechanically sustainable where they excluded discretion and ignored the circumstances of delay, so the penalty question required fresh consideration on the facts. en-us Thu, 09 Dec 2010 00:00:00 +0530 Wed, 25 Oct 2017 09:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170420 Under the compounded levy regime, a later intimation to shift to actual-production assessment was treated as a prospective exit from the scheme rather than a retroactive change. The assessee's notice sent on 1-10-1998 could not affect the full financial year 1998-99, but it could operate from 1-4-1999, making actual-production assessment available for 1999-2000. On penalty, mandatory equal penalty provisions under the relevant rules were held not to be mechanically sustainable where they excluded discretion and ignored the circumstances of delay, so the penalty question required fresh consideration on the facts. Case-Laws Central Excise Thu, 09 Dec 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170420