https://www.taxtmi.com/caselaws?id=445667 Where duty is confirmed on findings of suppression, contravention and intent to evade under the extended limitation period, penalty under section 11AC of the Central Excise Act, 1944 follows as a mandatory consequence and must correspond to the duty determined under section 11A(2). Applying Rajasthan Spinning, the CESTAT noted that once the statutory conditions for section 11AC are satisfied, penalty is not discretionary. The fact that penalty had been imposed only on part of the confirmed demand did not change the legal effect of the recorded findings. The order was therefore modified on penalty and the Revenue's challenge succeeded. en-us Fri, 03 Nov 2023 00:00:00 +0530 Fri, 17 Nov 2023 08:38:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445667 Where duty is confirmed on findings of suppression, contravention and intent to evade under the extended limitation period, penalty under section 11AC of the Central Excise Act, 1944 follows as a mandatory consequence and must correspond to the duty determined under section 11A(2). Applying Rajasthan Spinning, the CESTAT noted that once the statutory conditions for section 11AC are satisfied, penalty is not discretionary. The fact that penalty had been imposed only on part of the confirmed demand did not change the legal effect of the recorded findings. The order was therefore modified on penalty and the Revenue's challenge succeeded. Case-Laws Central Excise Fri, 03 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445667