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    <title>2008 (11) TMI 748 - SC Order</title>
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    <description>Penalty under section 11AC of the Central Excise Act, 1944 was treated as mandatory, so the Tribunal had no discretion to reduce it below the amount prescribed by the provision. The legal issue was whether a lesser penalty could be imposed than the statutory minimum, and it was answered against the assessee. The matter was resolved in favour of the Revenue, confirming that the penalty must be imposed in the manner set out by section 11AC.</description>
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      <description>Penalty under section 11AC of the Central Excise Act, 1944 was treated as mandatory, so the Tribunal had no discretion to reduce it below the amount prescribed by the provision. The legal issue was whether a lesser penalty could be imposed than the statutory minimum, and it was answered against the assessee. The matter was resolved in favour of the Revenue, confirming that the penalty must be imposed in the manner set out by section 11AC.</description>
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