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Central Excise - Highlights / Catch Notes

Home Highlights May 2016 Year 2016 This

Penalty u/s 11AC cannot be imposed if there is no suppression or ...

Central Excise

May 3, 2016

Penalty u/s 11AC cannot be imposed if there is no suppression or misstatement by the assesseeu/s 11A - HC

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  2. Levy of equal amount of penalty imposed under the provisions of Rule 25(1)(d) of the Central Excise Rules, 2002 read with Section 11AC of the Central Excise Act, 1944 -...

  3. Penalty u/s 11AC - The assesse did not choose to contest the demand on the ground of limitation, thereby virtually accepting the allegation of suppression - penalty confirmed - AT

  4. Mere non-payment of duties is not collusion or willful misstatement or suppression of facts - Article

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  9. Imposition of penalties - Mere collection and delay to remit to the Government cannot be considered as an act of suppression - The penalty imposed u/s 78 is unwarranted.

  10. Extended period of limitation - the positive action with a negative intention of wilful and deliberate default is a mandatory prerequisite to conclude wilful...

 

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