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2016 (12) TMI 1265 - AT - Central ExciseValuation - Demand of differential duty - Penalty - Interest - Price escalation on the goods - Held that: - The value was escalated subsequent to the clearance of the goods by the buyer. The appellant have paid the duty without any contest to the demand. In this fact there is no reason to invoke Section 11AC for the penalty. Moreover, the issue of interest is still debatable; therefore there cannot be malafide intention on the part of the appellant with intention to evade payment of duty. Considering the legal position of chargeability of interest which is highly debatable issue and therefore it cannot be said that the appellant had any malafide intention, therefore this is not a case for imposition of penalty under Section 11AC of the Act - Appeal dismissed - decided in favor of the assessee.
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