Minimum penalty to be imposed under Central Excise Rules, 2002

Whether Rs.5000/- is a minimum penalty that is required to be imposed in terms of Rule 25 of the Central Excise Rules, 2002 ? Even where a minimum penalty is prescribed, the authority has discretion to impose a lesser penalty depending on the facts and circumstances of the case. The amount mentioned in Rule 173Q(1) of the 1944 Rules or Rule 25(1) of the 2002 Rules is the maximum, and not the minimum. The amount shall not exceed the duty determined; if it is more than rupees five thousand, or rupees five thousand if the duty determined  is  less  than rupees five thousand. CUSTOMS, EXCISE AN...