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2013 (12) TMI 1391 - CESTAT KOLKATAPenalty u/s 11AC - Held that:- The assessee's intention was not to evade payment of duty as the assessee extended all possible help to finalise the issue - The appellants supplied the computerized ledger and paid the amount at the spot along with interest - The clearing of duty and part of interest prior to the completion of the proceedings pointed out their bona fide intention - As there was no intention to evade payment of duty by way of suppression of facts or misrepresentation penalty u/s 11AC cannot be imposed - Decided in favour of assessee.
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