https://www.taxtmi.com/caselaws?id=124896 The High Court of Punjab & Haryana overturned the Tribunal's decision to set aside a penalty imposed under Section 11AC of the Central Excise Act, emphasizing that the mere deposit of duty before a notice does not automatically negate the penalty. The Court highlighted that the key consideration is whether non-payment of duty was due to fraud, collusion, willful mis-statement, or suppression of facts. The Tribunal found that the appellant's failure to pay duty on Chenile fabrics was intentional suppression to evade duty, warranting the penalty under Section 11AC. The Tribunal exercised its discretionary power by reducing the penalty to 25% of the duty amount, aligning with the High Court's precedent. en-us Thu, 10 Jan 2008 00:00:00 +0530 Tue, 16 Oct 2012 18:25:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124896 The High Court of Punjab & Haryana overturned the Tribunal's decision to set aside a penalty imposed under Section 11AC of the Central Excise Act, emphasizing that the mere deposit of duty before a notice does not automatically negate the penalty. The Court highlighted that the key consideration is whether non-payment of duty was due to fraud, collusion, willful mis-statement, or suppression of facts. The Tribunal found that the appellant's failure to pay duty on Chenile fabrics was intentional suppression to evade duty, warranting the penalty under Section 11AC. The Tribunal exercised its discretionary power by reducing the penalty to 25% of the duty amount, aligning with the High Court's precedent. Case-Laws Central Excise Thu, 10 Jan 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124896