Supreme Court of India · 2007-07-19
Union Of India (Uoi) vs Dharamendra Textile Processors
- Citation / case number
- AIRONLINE 2007 SC 298
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- Dharamendra Textile Processors
- Bench
- S.H. Kapadia, B. Sudershan Reddy
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 11AC of the Central Excise Act, 1944, and held that mens rea is not a necessary requirement for imposing penalties under this section. The Court clarified that the imposition of penalties under Section 11AC and Rule 96ZQ(5) is mandatory and does not require proof of intention to evade payment of duty. The judgment emphasized that the adjudicating authority must impose penalties equal to the determined duty without discretion, affirming the statutory nature of these provisions.