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2009 (6) TMI 87 - HC - Central ExcisePenalty intention of evade duty / cenvat credit Modvat / Cenvat whether penalty is mandatory held that - It is, therefore, clear that not only there has to be fraud or willful misstatement or collusion or suppression of facts or contravention of any of the provisions of the Act or Rules, but that must be with an intent to evade the payment of duty. - only reason given has been that the respondent herein had not maintained proper accounts of raw materials and finished goods in statutory records. This would not meet or satisfy the predicates of Rule 57-I(4) of the Rules. In our opinion, therefore, the penalty imposed was really without jurisdiction and consequently we set aside the order of the Tribunal, Commissioner (Appeal) and A.O., to the extent of only penalty imposed under Rule 57-I(4).
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