https://www.taxtmi.com/caselaws?id=128253 The judge upheld the Commissioner (Appeals) decision to set aside the penalty imposed under Section 11AC, rejecting the Department's appeal. The respondent's actions of reversing credit and paying duty indicated no intention to evade duty, as they intended to use the inputs for new products but circumstances led to selling them to others after paying duty and reversing the credit. The judge found no grounds for invoking Section 11AC due to the excess payment of duty and absence of short levy. en-us Fri, 31 Jul 2009 00:00:00 +0530 Sat, 30 Mar 2013 14:46:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=128253 The judge upheld the Commissioner (Appeals) decision to set aside the penalty imposed under Section 11AC, rejecting the Department's appeal. The respondent's actions of reversing credit and paying duty indicated no intention to evade duty, as they intended to use the inputs for new products but circumstances led to selling them to others after paying duty and reversing the credit. The judge found no grounds for invoking Section 11AC due to the excess payment of duty and absence of short levy. Case-Laws Central Excise Fri, 31 Jul 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=128253