Penalty under Section 76 cannot be reduced below the statutory minimum; authority's discretion is confined to the prescribed range. Section 76 penalty under the Finance Act, 1994 confines the authority to a legislatively prescribed minimum-to-maximum range; authorities lack power to ... Summary
Penalty under Section 76 cannot be reduced below the statutory minimum; authority's discretion is confined to the prescribed range.
Section 76 penalty under the Finance Act, 1994 confines the authority to a legislatively prescribed minimum-to-maximum range; authorities lack power to reduce the penalty below the statutory minimum per day of default, and courts have rejected construing any additional discretion into the provision as that would amount to rewriting the statute.
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