https://www.taxtmi.com/caselaws?id=126217 Prior payment of short-levied duty before issuance of a show cause notice does not, by itself, extinguish liability to penalty or interest under the Central Excise Act where the statutory conditions involving fraud, suppression, wilful misstatement, or intent to evade duty are present. Penalty under Section 11AC can be sustained only if those factual ingredients are established on the record, and interest under Section 11AB follows the same statutory scheme. The order was found deficient because it relied only on pre-notice payment and did not examine whether the conditions for penalty were actually satisfied. en-us Fri, 22 May 2009 00:00:00 +0530 Sat, 03 Nov 2012 13:49:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126217 Prior payment of short-levied duty before issuance of a show cause notice does not, by itself, extinguish liability to penalty or interest under the Central Excise Act where the statutory conditions involving fraud, suppression, wilful misstatement, or intent to evade duty are present. Penalty under Section 11AC can be sustained only if those factual ingredients are established on the record, and interest under Section 11AB follows the same statutory scheme. The order was found deficient because it relied only on pre-notice payment and did not examine whether the conditions for penalty were actually satisfied. Case-Laws Central Excise Fri, 22 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126217