https://www.taxtmi.com/caselaws?id=267073 Mandatory equal penalty under Section 114A of the Customs Act, 1962 and Section 11AC of the Central Excise Act, 1944 could not be applied to a demand relating to November 1990 to February 1996, because those provisions came into force only on 20.09.1996 and were not expressed to be retrospective. Treating the equal-penalty regime as substantive in nature, the Tribunal held that it operates prospectively unless the legislature clearly provides otherwise. The cited authorities supporting mandatory penalty were found inapplicable on the facts, and the order declining enhancement of penalty was sustained. The Revenue's challenge was rejected. en-us Tue, 04 Aug 2015 00:00:00 +0530 Thu, 29 Oct 2015 06:16:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267073 Mandatory equal penalty under Section 114A of the Customs Act, 1962 and Section 11AC of the Central Excise Act, 1944 could not be applied to a demand relating to November 1990 to February 1996, because those provisions came into force only on 20.09.1996 and were not expressed to be retrospective. Treating the equal-penalty regime as substantive in nature, the Tribunal held that it operates prospectively unless the legislature clearly provides otherwise. The cited authorities supporting mandatory penalty were found inapplicable on the facts, and the order declining enhancement of penalty was sustained. The Revenue's challenge was rejected. Case-Laws Central Excise Tue, 04 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267073