Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 408 - CESTAT MUMBAIInterest u/s 11AB - Penalty u/s 11AC - Held that:- There is no dispute about the leviability of the duty. Respondent had already paid duty at the time of investigation itself. Penalty under Section 11AC is leviable where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reasons of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty. Keeping in view nature of the dispute as contended by the appellant as also his conduct right from the time of investigation and the nature of activities in which they are engaged, we do no find any ingredient as enumerated under Section 11AC is satisfied. In view of the said position we do not find any reason to levy the penalty under Section 11AC. We also find that the in this case demand is for the period 1998 onwards and at the relevant time provision under Section 11AB were similar to that 11AC. Accordingly, in our view for the same reasons, interest is also not chargeable - Decided against Revenue.
|