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2011 (4) TMI 628 - CESTAT, DELHIPenalty - whether it is appropriate to set aside the penalty imposable as equal to the amount of duty under Section 11AC only on the ground that the assessee had deposited the amount of duty prior to the issuance of the show cause notice - Held that:- Sub-section 2B of Section 11A Explanation 1 makes it clear that the payment would, nevertheless, be subject to imposition of interest under Section 11AB. Explanation 2 makes it further clear that in case the escape of duty is intentional and by reason of deception the main provision of sub section 2B will have no application”, above para answers the issue to be decided in the matter and is accordingly answered, appeal disposed of
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