https://www.taxtmi.com/caselaws?id=51117 Penalty under Section 11AC of the Central Excise Act was treated as subject to a statutory ceiling, not as an inflexible mandate that the adjudicating authority must always impose the maximum equal to the duty evaded; on the facts, the Tribunal's reduced penalty was upheld. The assessee could not reopen differential duty liability through cross-objection after having accepted that liability and paid it during investigation, especially when it had not disputed the demand in adjudication. The result was that the Revenue obtained no relief against the reduced penalty, and the assessee's challenge to the duty liability also failed. en-us Wed, 23 Jan 2002 00:00:00 +0530 Wed, 22 Sep 2010 17:49:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51117 Penalty under Section 11AC of the Central Excise Act was treated as subject to a statutory ceiling, not as an inflexible mandate that the adjudicating authority must always impose the maximum equal to the duty evaded; on the facts, the Tribunal's reduced penalty was upheld. The assessee could not reopen differential duty liability through cross-objection after having accepted that liability and paid it during investigation, especially when it had not disputed the demand in adjudication. The result was that the Revenue obtained no relief against the reduced penalty, and the assessee's challenge to the duty liability also failed. Case-Laws Central Excise Wed, 23 Jan 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51117