2015 (11) TMI 958

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..... vailable to its sister unit. Section 11AC of the Act provides payment of penalty where there is any intention to evade payment of penalty. In the instant case, we do not find that the assessee has committed fraud, collusion or wilful misstatement or suppression of fact with an intention to evade payment of duty. We do not find any substantial question of arising for consideration. - Decided agains .....

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..... the penalty to ₹ 2.00 lakhs. In appeal before the Tribunal, the penalty was removed holding that the assessee was not having any malafide intention for clearing the duty. The Department, being aggrieved, has filed the present appeal contending that the quantum of penalty cannot be reduced by the first appellate authority. We find that the goods were cleared by the assessee to its sist .....

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