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2015 (11) TMI 250 - AT - Central ExciseImposition of penalty u/s 11AC - Malafide intention - Evasion of duty - Held that:- The duty involved in the present case is ₹ 24,376/-. We note that the appellant is not disputing the duty amount as also the interest leviable thereon. Their only submission is that they had no wilful intention to evade payment of duty or suppression of fact and non-inclusion of the cost of printing cylinder was a bona fide mistake. - Keeping in view the overall conduct of the appellant at the time of audit as also the amount of duty involved in the case, we do not consider the present case to be a fit case for imposition of penalty under Section 11AC. We, therefore, set aside the penalty under Section 11AC. Barring the above modification, the impugned order is upheld. - Appeal disposed of.
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