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2011 (7) TMI 907 - AT - Central ExcisePenalty - Clandestine clearance - extended period of limitation - learned SDR submits that, as the appellant suppressed a material fact with intent to evade payment of duty, they are liable to pay interest on duty under Section 11AB and penalty under Section 11AC - It would, therefore, appear that Section 11AC is not a provision exclusively applicable to cases in which the proviso to Section 11A(1) is invoked - If the provisions of Section 11AC and the ruling of the apex court are understood differently, it can have the effect of permitting deliberate defaulters of duty to escape penal liability by virtue of the fact that payment of duty was evaded within the normal period - Decided against the assessee
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