Commissioner Of C. Ex. vs Banswara Syntex Ltd. on 2 March, 2007
& Madras High Court in Commissioner of Central Excise, Tiruchirapalli-I v. CEGAT, Chennai and in Beauty Dyers v. Union of India has construed the provision of 11AC of Central Excise Act as laying down the maximum limit of penalty to be levied and not the fixed amount of penalty and held that discretion to levy lesser penalty than the amount equal to the amount of duty vests with the assessing officer.