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Issues: Whether penalty under Section 11AC of the Central Excise Act, 1944 could be imposed in relation to the amount payable under Rule 6(3)(b) of the Cenvat Credit Rules.
Analysis: Section 11AC applies where there is short payment of duty of excise. The amount payable under Rule 6(3)(b) is an amount equal to a percentage of the value of exempted goods and is not duty. Since the statutory precondition for invoking the penalty provision was absent, the penalty could not be sustained.
Conclusion: Penalty under Section 11AC was not leviable on the amount payable under Rule 6(3)(b) of the Cenvat Credit Rules.
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