2015 (11) TMI 250

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..... lful intention to evade payment of duty or suppression of fact and non-inclusion of the cost of printing cylinder was a bona fide mistake. - Keeping in view the overall conduct of the appellant at the time of audit as also the amount of duty involved in the case, we do not consider the present case to be a fit case for imposition of penalty under Section 11AC. We, therefore, set aside the penalty .....

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..... during audit and the appellant had immediately paid the duty involved. Further, at the stay stage, the appellant had paid the interest on the delayed payment of duty. 2. Learned counsel for the appellant submitted that they are not disputing the duty or interest but are requesting for waiver of penalty. It was their submission that there was no intention to evade any duty and non-inclusion of .....

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..... w the overall conduct of the appellant at the time of audit as also the amount of duty involved in the case, we do not consider the present case to be a fit case for imposition of penalty under Section 11AC. We, therefore, set aside the penalty under Section 11AC. Barring the above modification, the impugned order is upheld. 6. The appeal is disposed of in above terms. (Pronounced in Court) .....

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