TMI Blog2018 (11) TMI 1288X X X X Extracts X X X X X X X X Extracts X X X X ..... nt error on the part of the appellant is actually not so. This finding of fact cannot be said to be a perverse. Moreover, the contention on behalf of the appellant that Section 11A(1) (b) of the Act would be applicable in the facts of this case, is not acceptable for the reason that Section 11A(1)(b) of the Act would not apply where short payment of duty has been on account of fraud, collusion, mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken deliberately and there was mala fide intent, in a case where, on being pointed out by the Audit, the entire amount of credit was reversed and interest thereon paid before issuance of notice to show cause; (ii) Whether the Tribunal was justified in upholding imposition of penalty when entire amount of credit was reversed and interest thereon paid before issuance of show-cause notice and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it taken, was paid into the treasury prior to issue of show-cause notice, the penalty under Section 11AC of the Act would be imposable as there is malafide intention on the part of the appellant in having taken excess credit. 4. Ms. Patil, learned Counsel appearing in support of the appeal submits that even before an audit report was received by the appellant, the appellant have paid necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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