https://www.taxtmi.com/caselaws?id=78150 Penalty under Section 11AC of the Central Excise Act is not attracted where the factual finding is that the respondent did not ate in fraud, had no prior knowledge of fake or forged documents, and merely failed to track re-warehousing certificates. On that basis, the appellate authority treated penal provisions as inapplicable at the threshold, rather than as a case of reducing an otherwise valid penalty. The Revenue's argument that penalty cannot be reduced once attracted was therefore irrelevant, because the real issue was whether penalty was leviable at all. The result was that deletion of penalty was upheld. en-us Wed, 09 Jun 2010 00:00:00 +0530 Wed, 03 Nov 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78150 Penalty under Section 11AC of the Central Excise Act is not attracted where the factual finding is that the respondent did not ate in fraud, had no prior knowledge of fake or forged documents, and merely failed to track re-warehousing certificates. On that basis, the appellate authority treated penal provisions as inapplicable at the threshold, rather than as a case of reducing an otherwise valid penalty. The Revenue's argument that penalty cannot be reduced once attracted was therefore irrelevant, because the real issue was whether penalty was leviable at all. The result was that deletion of penalty was upheld. Case-Laws Central Excise Wed, 09 Jun 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78150