Thursday 7 May 2015

Dept. can’t levy relying on a provision held unconstitutional by various High Courts

Excise & Customs : Where a rule providing 'penalty equal to duty even without mens rea' has been declared as unconstitutional by various other High Courts and said judgments have not been stayed/overturned by Supreme Court, revenue cannot rely upon said rule to levy penalty equal to duty for unintentional delay in payment of duty

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