https://www.taxtmi.com/caselaws?id=124696 An incorrect statutory reference did not invalidate a penalty where the factual and legal basis supported the sanction under Rule 25 of the Central Excise Rules. The duty demand had been confirmed under Section 11A without invoking the extended period, so the conditions for penalty under Section 11AC of the Central Excise Act were not met. As the assessee had itself identified ineligibility for SSI exemption and paid the differential duty with interest, suppression was not established. The Revenue's challenge to deletion of the enhanced penalty therefore failed, and the penalty was sustained as one under the correct rule despite the mistaken citation. en-us Fri, 26 Dec 2008 00:00:00 +0530 Thu, 04 Oct 2012 13:20:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124696 An incorrect statutory reference did not invalidate a penalty where the factual and legal basis supported the sanction under Rule 25 of the Central Excise Rules. The duty demand had been confirmed under Section 11A without invoking the extended period, so the conditions for penalty under Section 11AC of the Central Excise Act were not met. As the assessee had itself identified ineligibility for SSI exemption and paid the differential duty with interest, suppression was not established. The Revenue's challenge to deletion of the enhanced penalty therefore failed, and the penalty was sustained as one under the correct rule despite the mistaken citation. Case-Laws Central Excise Fri, 26 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124696