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    <title>2005 (11) TMI 269 - CESTAT, KOLKATA</title>
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    <description>Penal interest under Section 11AB of the Central Excise Act was described as inapplicable where credit was taken by mistake, the error was corrected immediately, and the amount was voluntarily paid and disclosed to the authorities. The text states that the levy depended on a duty demand and confirmation under Section 11A, together with wilful suppression, misstatement, or fraud. As the conduct was treated as bona fide rectification and no mala fides were found, the conditions for interest were not met and recovery was not justified.</description>
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      <title>2005 (11) TMI 269 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=116656</link>
      <description>Penal interest under Section 11AB of the Central Excise Act was described as inapplicable where credit was taken by mistake, the error was corrected immediately, and the amount was voluntarily paid and disclosed to the authorities. The text states that the levy depended on a duty demand and confirmation under Section 11A, together with wilful suppression, misstatement, or fraud. As the conduct was treated as bona fide rectification and no mala fides were found, the conditions for interest were not met and recovery was not justified.</description>
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