https://www.taxtmi.com/caselaws?id=53568 A statutory penalty under Rule 96ZP(3) of the Central Excise Rules, 1944, expressed as equal to the duty outstanding, may operate as a maximum rather than a rigid mandatory amount. Where the duty was delayed but substantially paid before the show cause notice, the balance was paid during adjudication, and interest was paid, the authority could consider the surrounding circumstances and impose a lesser penalty. On that basis, the reduced penalty was sustained and no interference was made with the Commissioner (Appeals)' exercise of discretion. en-us Thu, 11 Nov 2004 00:00:00 +0530 Thu, 14 Oct 2010 10:24:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53568 A statutory penalty under Rule 96ZP(3) of the Central Excise Rules, 1944, expressed as equal to the duty outstanding, may operate as a maximum rather than a rigid mandatory amount. Where the duty was delayed but substantially paid before the show cause notice, the balance was paid during adjudication, and interest was paid, the authority could consider the surrounding circumstances and impose a lesser penalty. On that basis, the reduced penalty was sustained and no interference was made with the Commissioner (Appeals)' exercise of discretion. Case-Laws Central Excise Thu, 11 Nov 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53568