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2009 (9) TMI 53 - HC - Central ExciseLevy of Penalty – Duty deposited voluntarily before detection – section 11AC – held that - Once a case is covered by the situation mentioned in the Section, mere deposit prior to issuance of show cause notice under Section 11A of the Act will not necessarily negate the situation mentioned in the said Section. - where the assessee is guilty of taking an action which is not bona fide then penalty can be imposed - applicability of Section 11AC is not excluded merely on deposit of the amount after having been caught but before the issuance of show cause notice – levy of penalty upheld
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