On 24.08.2009 Hon'ble Apex Court has once again discussed the judgment of Dharmendra Textile and has held the in Dharmendra Textile it has been held that once the condition prescribed in section 11AC of the custom Act is applicable the assessing authority has no discretion vis-a-vis levy of penalty is concerend means the penaty is automatically leviable. Court has clarified that while holding so their lordship have not ponder on the provisions of section 271(1)(C)
Copy of judgment is available at the Lexsite lexdocid is 369847
Thanks. One more nail in the coffin of Dharmendra. A big relief for assessees. Keep up the good work.
It would be of immense use to analyse dharmendra textiles in the lights of Atul Mohan Bindal Case delivered by Honble Apex Court Civil Appeal No.5769 of 2009