How can Assistant Commissioner impose more than 250 rupees penalty?
AS per Section 33 of the Central Excise Act,
SECTION 33.Power of adjudication. - Where under this Act or by the rules made thereunder anything is liable to confiscation or any person is liable to a penalty, such confiscation or penalty may be adjudged -
(a) without limit, by a Commissioner of Central Excise;
(b) up to confiscation of goods not exceeding five hundred rupees in value and imposition of penalty not exceeding two hundred and fifty rupees, by an Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise:
Provided that the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), may, in the case of any officer performing the duties of an Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise, reduce the limits indicated in Clause (b) of this section and may confer on any officer the powers indicated in Clause (a) or (b) of this section.
As per the above provisions, the Assistant Commissioner/Deputy Commissioner can impose a maximum penalty of Rs. 250/-.
How are the Assistant Commissioners imposing huge penalties then?. A friend of mine, a Central Excise Officer asked me this question. DDT would like the Netizens to help my friend with the answer. Please send your views to vijaywrite@tiol.in at the earliest.