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2015 (10) TMI 849 - HC - Central ExciseImposition of penalty u/s 11AC - Whether conditions u/s 11AC are mandatory or automatic - Held that - From the provisions of law, it does not support the contention of the learned Counsel for the appellant as it is clear therefrom preconditions mentioned therein have to be fulfilled. Therefore, we do not find any reason to interfere with the judgment and order of the learned Tribunal. - Decided against Revenue.
Issues:
Imposition of penalty under Section 11AC of the Central Excise Act, 1944. Analysis: The High Court summarily dismissed the appeal as the Tribunal found that the pre-condition for imposing a penalty under Section 11AC of the Central Excise Act, 1944 had not been satisfied. The Court emphasized that the imposition of penalty is not automatic and must only be applied when the conditions specified in the Act are met. Section 11AC of the Act outlines the penalties for non-levy or short-levy of duty due to various reasons like fraud, collusion, willful misstatement, suppression of facts, or contravention of the Act. The penalty amount is determined based on the circumstances of the case, and it is not an automatic imposition as argued by the appellant's counsel. The appellant's counsel contended that the penalty under Section 11AC is automatic. However, the Court disagreed, stating that the provisions of the law clearly outline preconditions that must be fulfilled before imposing a penalty. The Court found no merit in the appellant's argument and upheld the Tribunal's judgment and order. Therefore, the appeal was dismissed, and any related pending petitions were closed without any costs being awarded. In conclusion, the judgment clarifies that the imposition of a penalty under Section 11AC of the Central Excise Act, 1944 is not automatic and must be based on the fulfillment of specific preconditions as outlined in the Act. The Court's decision highlights the importance of adhering to the legal provisions and conditions before penalizing any party for non-compliance with excise duty regulations.
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