https://www.taxtmi.com/caselaws?id=46835 Rule 96ZQ was construed so that the penalty equal to outstanding duty or Rs. 5,000, whichever was greater, operated as a maximum rather than a mandatory fixed levy; on that reading, the provision was not confiscatory because the assessing authority retained discretion to impose a lesser penalty on the facts. The challenge to interest at 36% per annum for delayed payment of duty also failed, as the levy was treated as compensatory and no legal infirmity or demonstrated unreasonableness was established. en-us Thu, 20 Dec 2001 00:00:00 +0530 Sat, 24 Jul 2010 11:50:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46835 Rule 96ZQ was construed so that the penalty equal to outstanding duty or Rs. 5,000, whichever was greater, operated as a maximum rather than a mandatory fixed levy; on that reading, the provision was not confiscatory because the assessing authority retained discretion to impose a lesser penalty on the facts. The challenge to interest at 36% per annum for delayed payment of duty also failed, as the levy was treated as compensatory and no legal infirmity or demonstrated unreasonableness was established. Case-Laws Central Excise Thu, 20 Dec 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46835