V.K. Ashokan vs Asstt. Excise Commnr. & Ors on 5 March, 2009
Author: S
contains any other stipulation by way of
penalty" comprehensively applies to every
covenant involving a penalty whether it is for
payment on breach ... money or other property already delivered.
Duty not to enforce the penalty clause but only to
award reasonable compensation is statutorily
imposed upon courts
Ganesh Traders vs District Collector, Karimnagar And ... on 12 November, 2001
Equivalent citations: 2002(1
could have obtained, the form prescribed for the purposes of Clause (a) of
Sub-section (4) of Section 8 in connection with the purchase ... Government of India,
assess re-assess, collect and enforce payment of tax, including any
interest or penalty, payable by a dealer under this
vessel whether seagoing or inland."
20. The repeal and saving clause is contained in Section 20 thereof.
21. Section ... liability
acquired, accrued or incurred under the
said Acts;
(c) any penalty, forfeiture or punishment
incurred in respect of any offence
committed against the said
rate of
fifty per cent, of the amount of
such fine, penalty or interest, due
or interest, due or payable as on
the date ... prosecution and imposition of penalty in
certain cases. Section 95 provides for exceptions as
regards the applicability of the Scheme, Clause (iii)
whereof, which
Clause (8) of
Section 167 , may not be the same as in
proceedings when the imposition of the other kind
of penalty under the second ... sufficient to
18
reiterate that the penalty of confiscation is a
penalty in rem which is enforced against the goods
and the second kind
section (1), clause (aa)
shall be re-lettered as clause (ab) thereof, and before
clause (ab) as so re-lettered, the following clause shall ... from the total consideration for
a works contract under the proviso to clause (h) of
section 2 ."
Section 6 is the charging provision making
power as conferred by sub-clause (i) of clause (a) of Section 21 .
7. Section 25 provides for the enforcement of the orders ... State Commission or the National Commission which is in the following terms:
Enforcement of orders by the District Forum, the State Commission or the National
could have obtained, the form prescribed for the purposes of Clause (a) of
Sub-section (4) of Section 8 in connection with the purchase ... Government of India,
assess re-assess, collect and enforce payment of tax, including any
interest or penalty, payable by a dealer under this