Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (8) TMI 149 - AT - Central ExcisePenalty u/s 11AC - valuation of physician samples - Intention to evade duty - willful mis-statement or suppression of facts - Held that:- Appellant-assessee was paying excise duty on cost construction method ever since they started clearing physician samples of P&P medicines and there was no provision in ER-I return to provide such information. The appellants have maintained that there is no intention on their part to evade central excise duty inasmuch as physician samples have been cleared on payment of duty. The Adjudicating Authority has himself dropped the penalty under section 11AC and also under Rule 25 for the extended period, as there is no malafide intention or suppression of facts considering the fact that the appellants have already paid the differential duty. The appellants are not liable for penalty under Rule 25. - By following the judgments of the Hon’ble High Court of Gujarat (2010 (9) TMI 422 - GUJARAT HIGH COURT) and the Hon’ble High Court of Madhya Pradesh (2014 (2) TMI 1192 - MADHYA PRADESH HIGH COURT), the impugned order insofar as it pertains to imposition of penalty of ₹ 7,92,529/- under Rule 25 is set aside - Decided in favour of assessee.
|