https://www.taxtmi.com/caselaws?id=154671 Penalty under Section 11AC and interest under Section 11AB of the Central Excise Act were held not leviable where duty was paid before the show cause notice and the notice and adjudication order did not record a legally sustainable finding of fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. The Court treated the accounting shortages and excesses as normal in a large system and found no evidence of clandestine or unauthorised utilisation. On those facts, the statutory conditions for penalty were absent, so the Revenue's challenge failed. en-us Wed, 12 Aug 2009 00:00:00 +0530 Mon, 03 Nov 2014 13:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=154671 Penalty under Section 11AC and interest under Section 11AB of the Central Excise Act were held not leviable where duty was paid before the show cause notice and the notice and adjudication order did not record a legally sustainable finding of fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. The Court treated the accounting shortages and excesses as normal in a large system and found no evidence of clandestine or unauthorised utilisation. On those facts, the statutory conditions for penalty were absent, so the Revenue's challenge failed. Case-Laws Central Excise Wed, 12 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=154671