https://www.taxtmi.com/caselaws?id=175851 Penalty under Section 11AC of the Central Excise Act was examined with reference to the statutory ingredients and the Supreme Court's interpretation of penalty under the central excise framework. The Tribunal stated that, where the demand survives on the basis of the ingredients under Section 11A, there is no discretion to reduce the penalty. It nevertheless remanded the matter to the adjudicating authority for fresh consideration of the penalty issue after granting a fair hearing, so that the penalty elements could be re-examined in accordance with law. en-us Mon, 01 Feb 2010 00:00:00 +0530 Mon, 07 Dec 2015 14:38:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175851 Penalty under Section 11AC of the Central Excise Act was examined with reference to the statutory ingredients and the Supreme Court's interpretation of penalty under the central excise framework. The Tribunal stated that, where the demand survives on the basis of the ingredients under Section 11A, there is no discretion to reduce the penalty. It nevertheless remanded the matter to the adjudicating authority for fresh consideration of the penalty issue after granting a fair hearing, so that the penalty elements could be re-examined in accordance with law. Case-Laws Central Excise Mon, 01 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175851