https://www.taxtmi.com/caselaws?id=33358 Section 11AC of the Central Excise Act, 1944 allows a reduced penalty of 25% of the duty determined where the duty and interest are paid within the statutory time prescribed by the provisos, and that concession is mandatory rather than discretionary. The text states that, on facts, the duty and interest had already been paid before the adjudication order, so the authorities could not insist on a penalty equal to the duty amount. It further notes that the provisos inserted in 2000 governed the issue and that the earlier Supreme Court ruling on the mandatory nature of Section 11AC did not override the express statutory concession. en-us Thu, 30 Apr 2009 00:00:00 +0530 Sat, 05 Sep 2009 13:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33358 Section 11AC of the Central Excise Act, 1944 allows a reduced penalty of 25% of the duty determined where the duty and interest are paid within the statutory time prescribed by the provisos, and that concession is mandatory rather than discretionary. The text states that, on facts, the duty and interest had already been paid before the adjudication order, so the authorities could not insist on a penalty equal to the duty amount. It further notes that the provisos inserted in 2000 governed the issue and that the earlier Supreme Court ruling on the mandatory nature of Section 11AC did not override the express statutory concession. Case-Laws Central Excise Thu, 30 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33358