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    <title>2015 (10) TMI 852 - PUNJAB &amp; HARYANA HIGH COURT</title>
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    <description>Mandatory minimum penalty for delayed duty payment under the compounded levy scheme was treated as unsustainable where it operated without mens rea and left no discretion to consider the nature or extent of default. The Court noted that earlier precedent had already held such a penalty to be excessive, arbitrary, and an unreasonable restriction on fundamental rights, and that the same view had been followed in later cases. On that basis, the controversy was regarded as concluded and no fresh substantial question of law survived for consideration in the revenue&#039;s challenge.</description>
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      <description>Mandatory minimum penalty for delayed duty payment under the compounded levy scheme was treated as unsustainable where it operated without mens rea and left no discretion to consider the nature or extent of default. The Court noted that earlier precedent had already held such a penalty to be excessive, arbitrary, and an unreasonable restriction on fundamental rights, and that the same view had been followed in later cases. On that basis, the controversy was regarded as concluded and no fresh substantial question of law survived for consideration in the revenue&#039;s challenge.</description>
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