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2017 (8) TMI 1033 - HC - Central ExciseWhether the Hon’ble Tribunal is justified in maintaining the penalty under Section 11AC when admittedly extended period of limitation contemplated under Section 11A of Central Excise Act, 1944 is not invoked and there is absolutely no intention to evade duty? - Held that: - The admission made by the Director was that the shortage was not denied and, moreover, the goods have been removed without the payment of duty. Once the fact is established that the goods have been removed without the payment of duty, clearly the penalty become imposable under Section 11AC and it is for this reason that the penalty has been imposed - reliance placed in the case of in the case of Usha Martin Construction Steel Ltd. v. Commissioner of Income Tax, Kanpur [2014 (11) TMI 537 - ALLAHABAD HIGH COURT], wherein also the Allahabad High Court ruled that in a case where duty has escaped payment at appropriate stage, penalty would be attracted - appeal dismissed - decided against assessee.
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