https://www.taxtmi.com/caselaws?id=47824 Statutory penalty for a one-day delay in paying central excise duty could not be imposed mechanically where the default was cured the next day. The Court applied the principle that even when a rule prescribes penalty, the authority must exercise discretion judicially and assess whether the breach is merely technical or venial, or whether it reflects deliberate, contumacious, dishonest, or consciously indifferent conduct. As the impugned order did not show consideration of these factors, the penalty was set aside and the matter remitted for fresh adjudication in accordance with law. en-us Wed, 22 Jun 2005 00:00:00 +0530 Sat, 31 Jul 2010 11:06:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47824 Statutory penalty for a one-day delay in paying central excise duty could not be imposed mechanically where the default was cured the next day. The Court applied the principle that even when a rule prescribes penalty, the authority must exercise discretion judicially and assess whether the breach is merely technical or venial, or whether it reflects deliberate, contumacious, dishonest, or consciously indifferent conduct. As the impugned order did not show consideration of these factors, the penalty was set aside and the matter remitted for fresh adjudication in accordance with law. Case-Laws Central Excise Wed, 22 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47824