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2011 (7) TMI 16 - HC - Central ExciseClandestine removal - interest - penalty - Whether the duty, interest and penalty can be imposed when Commissioner of Appeals primafacie found that there is no clandestinely removal of the finished goods, therefore, thee was a correlation with the shortage of inputs - Held that: - There is a clear finding that there was shortage of finished goods, on account of which the assessee itself paid the duty. Finding on leviability of duty is not, thus, shown to be erroneous. However, in absence of requisite mensrea, penalty under Section 11AC of the Act has been rightly set aside and substituted by penalty under Rule 25(1)(b) of the Central Excise Rules, 2002.
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