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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The question of law before the High Court was whether the Tribunal was right in setting aside the mandatory equal amount of penalty imposed by the lower appellate forum u/s. 11AC on a proven ground that the respondents had clandestinely cleared excisable goods. The Tribunal disposed of the appeal filed by the assessee at the admission stage itself on the ground that the duty was paid by the assessee prior to the issuance of show cause notice. Aggrieved by the said order of the Tribunal, the Revenue filed appeal.
Held:
The High Court referred to the decision of Apex Court in the case of Union of India vs. Rajasthan Spg. and Wvg. Mills 2009 (238) E.L.T. 3, in which it was stated that, mere payment of differential duty whether before or after the show cause notice would not alter the situation and there would be liability towards penalty in case the conditions for imposing such penalty spelt out in section 11 AC of the Act are attracted. Relying upon the same, the High Court held that, the question of exonerating the assessee from payment of penalty does not arise and answered the question of law in favour of revenue.