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2013 (12) TMI 753 - AT - Central ExciseImposition of Section 11A(2B) of Central Excise Act, 1944 – Liability to pay Interest and penalty - Credit taken without receipt of the goods into the factory – Manipulation of the private records – Held that:- A plain reading of Section 11A(2B) clearly shows that where duty has not been levied or paid short-levied or short-paid by reason of fraud or collusion or any willful misstatement or suppression of facts, then the provisions of Section 11A(2B) will not apply - , the respondent has reversed the credit that of without paying any interest – Following COMMISSIONER OF CENTRAL EXCISE, DELHI-III Versus MACHINO MONTELL (I) LTD. [2006 (7) TMI 23 - HIGH COURT OF PUNIAB & HARYANA (CHANDIGARH)] - If any of the element such as fraud, collusion, suppression or willful mis-statement are present, the provisions of Section 11A(2B) would not apply and interest and penalty would be imposable - the respondent has resorted to fraud and forgery, therefore, the order of the lower appellate authority setting aside the interest and penal liability is clearly bad in law – Order set aside and the matter restore tot the adjudicatory authority – Decided in favour of Revenue.
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