https://www.taxtmi.com/caselaws?id=126242 Penalty under Section 11AC of the Central Excise Act, 1944 requires proof of mens rea, including suppression of facts, deliberate misdeclaration, or intent to evade duty. On the facts noted, physician's samples were cleared on a cost-data basis in line with then-prevailing departmental instructions, and the later valuation circular was not shown to have been deliberately ignored. As no fraud, suppression, or deliberate misstatement was established, the statutory conditions for penalty were not met and penalty equivalent to duty was held not imposable. en-us Fri, 16 Jan 2009 00:00:00 +0530 Sat, 03 Nov 2012 16:26:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126242 Penalty under Section 11AC of the Central Excise Act, 1944 requires proof of mens rea, including suppression of facts, deliberate misdeclaration, or intent to evade duty. On the facts noted, physician's samples were cleared on a cost-data basis in line with then-prevailing departmental instructions, and the later valuation circular was not shown to have been deliberately ignored. As no fraud, suppression, or deliberate misstatement was established, the statutory conditions for penalty were not met and penalty equivalent to duty was held not imposable. Case-Laws Central Excise Fri, 16 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126242