https://www.taxtmi.com/caselaws?id=125167 Penalty under Section 11AC of the Central Excise Act was held unsustainable where stock shortage was noticed during verification, the duty demand had been promptly deposited, and the record did not disclose any material showing clandestine removal. On that factual basis, the order setting aside the penalty was found justified, because penal liability under Section 11AC requires an evidentiary foundation of clandestine removal or comparable culpable conduct. The Revenue's appeals were rejected. en-us Fri, 24 Apr 2009 00:00:00 +0530 Sat, 20 Oct 2012 11:43:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=125167 Penalty under Section 11AC of the Central Excise Act was held unsustainable where stock shortage was noticed during verification, the duty demand had been promptly deposited, and the record did not disclose any material showing clandestine removal. On that factual basis, the order setting aside the penalty was found justified, because penal liability under Section 11AC requires an evidentiary foundation of clandestine removal or comparable culpable conduct. The Revenue's appeals were rejected. Case-Laws Central Excise Fri, 24 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=125167