https://www.taxtmi.com/caselaws?id=120298 Penalty under Section 11AC of the Central Excise Act requires proof of fraud, collusion, wilful misstatement, suppression of facts, or similar contravention with intent to evade duty. On the material recorded, the assessee maintained statutory accounts, disclosed receipt and clearance of damaged paper in returns, and paid duty on waste paper cleared as thabha; non-disclosure of the insurance claim was not a statutory reporting requirement and did not by itself establish suppression. The requisite culpable intent was therefore not shown, and the penalty was held unsustainable. en-us Mon, 16 Oct 2006 00:00:00 +0530 Wed, 18 Jul 2012 12:52:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=120298 Penalty under Section 11AC of the Central Excise Act requires proof of fraud, collusion, wilful misstatement, suppression of facts, or similar contravention with intent to evade duty. On the material recorded, the assessee maintained statutory accounts, disclosed receipt and clearance of damaged paper in returns, and paid duty on waste paper cleared as thabha; non-disclosure of the insurance claim was not a statutory reporting requirement and did not by itself establish suppression. The requisite culpable intent was therefore not shown, and the penalty was held unsustainable. Case-Laws Central Excise Mon, 16 Oct 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=120298