https://www.taxtmi.com/caselaws?id=339341 Penalty under Section 11AC of the Central Excise Act, 1944, once attracted on satisfaction of the statutory conditions, is mandatory and the adjudicating forum has no discretion to reduce it on equitable grounds. The Supreme Court held that, where duty liability had already been upheld and not disputed, the Tribunal could not substitute a lower penalty amount merely because it considered reduction appropriate. The reduction was therefore legally unsustainable, and the binding statutory consequence of penalty had to be applied as prescribed. en-us Wed, 15 Feb 2017 00:00:00 +0530 Thu, 17 Aug 2017 12:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=339341 Penalty under Section 11AC of the Central Excise Act, 1944, once attracted on satisfaction of the statutory conditions, is mandatory and the adjudicating forum has no discretion to reduce it on equitable grounds. The Supreme Court held that, where duty liability had already been upheld and not disputed, the Tribunal could not substitute a lower penalty amount merely because it considered reduction appropriate. The reduction was therefore legally unsustainable, and the binding statutory consequence of penalty had to be applied as prescribed. Case-Laws Central Excise Wed, 15 Feb 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=339341