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2016 (1) TMI 691 - CESTAT MUMBAIPenalty u/s 11AC - suppression or mis-declaration as alleged by revenue - whether there was intention to evade duty? - Held that:- As find that the show-cause notice does not highlight any grounds indicating suppression or mis-declaration. The statement of the Chief Executive Officer of the company also does not indicate any reasons for invoking suppression/mis-declaration. The Chief Executive Officer has stated that it was an error on their part. On the same being pointed out they have paid duty and interest. There was no evidence of any suppression or mis-declaration brought out in the proceedings. In the instant case, the appellant could not have gained monetarily as it is not in dispute that credit was available to the sister unit in respect of the duty paid by the appellant. There is no intention to evade duty apparent in the facts and circumstances of this case. Thus, no penalty can be imposed invoking Section 11AC of the Central Excise Act - Decided in favour of assessee
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