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2013 (6) TMI 413 - GUJARAT HIGH COURTPenalty u/s 11AC - no allegation with supporting evidence regarding suppression of facts, misdeclaration, fraud or collusion, etc. - Held that:- Tribunal was perfectly justified in observing that even in the show cause notice there were no allegations that the duty was short-levied or short paid on account of suppression of facts, misdeclaration, fraud, collusion, etc. Section 11AC of the Central Excise Act permits the Authorities to collect penalty if any duty of excise has not been levied or paid or short levied or short paid or erroneously refunded by reason of fraud, collusion, or wilful misstatement or suppression of facts or contravention of any of the provisions of the Act or the Rules with intent to evade payment of duty. - No penalty
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