TMI Blog2015 (10) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... roneously refunded, by the reason of fraud, collusion, any wilful misstatement; or suppression of facts or contravention of any of the provisions of the Act or of the rules made thereunder with intent to evade payment of duty. - From the records, it is observed that the assessee had availed the wrong credit in their account but has not utilized the same and after it was pointed out by the audit pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 13-8-2010, vacating the levy of penalty of ₹ 6,00,000/- imposed by the Commissioner of Central Excise. 2. The brief facts of the case are that : The assessee is engaged in manufacture and clearance of excisable goods viz., PCB Assemblies, TV tuners. Set-top boxes under Chapter 85 of the Schedule to Central Excise Tariff Act, 1985, and are also availing benefit of Cenvat credit fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . We have heard the learned Counsel appearing for the appellant and perused the records. 5. Section 11AC of the Central Excise Act, 1944, contemplates, penalty for short-levy or non-levy of duty in certain cases, i.e., where any duty of Excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by the reason of fraud, collusion, any wilful misstatement; o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suppression of facts, which is not forthcoming in the present case. 8. In view of the same, the issue involved in this appeal is mainly related to the facts of the case and the Revenue having failed to establish the case of imposing penalty under Section 11AC, we are not inclined to interfere with the order passed by the Tribunal and in the circumstances, we do not find any substantial questio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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