https://www.taxtmi.com/caselaws?id=152688 Penalty under Section 11AC of the Central Excise Act was held unsustainable because the record did not show suppression, fraud or any similar wilful contravention, and the duty liability had already been discharged. The assessee, a 100% export oriented unit, had used polished granite slabs within bonded premises and paid duty after the department raised the issue, while also undertaking to pay interest for the relevant period. In these circumstances, and with no culpable conduct established, the penalty under Section 11AC could not be invoked, and the related penalty under Rule 25 of the Central Excise Rules also supported setting aside the levy. en-us Fri, 22 Jan 2010 00:00:00 +0530 Tue, 09 Jul 2013 10:49:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=152688 Penalty under Section 11AC of the Central Excise Act was held unsustainable because the record did not show suppression, fraud or any similar wilful contravention, and the duty liability had already been discharged. The assessee, a 100% export oriented unit, had used polished granite slabs within bonded premises and paid duty after the department raised the issue, while also undertaking to pay interest for the relevant period. In these circumstances, and with no culpable conduct established, the penalty under Section 11AC could not be invoked, and the related penalty under Rule 25 of the Central Excise Rules also supported setting aside the levy. Case-Laws Central Excise Fri, 22 Jan 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=152688