https://www.taxtmi.com/caselaws?id=155246 Penalty under Section 11AC of the Central Excise Act was not leviable where the show cause notice demanded duty under Section 11A(1) without invoking the proviso and contained no allegation of suppression, fraud, wilful misstatement, or intent to evade duty. In the absence of the statutory ingredients required for the extended period and mandatory penalty, Section 11AC could not be sustained. Voluntary payment of duty did not change this position, and the penalty was set aside in favour of the assessee. en-us Wed, 07 Oct 2009 00:00:00 +0530 Mon, 02 Sep 2013 16:00:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155246 Penalty under Section 11AC of the Central Excise Act was not leviable where the show cause notice demanded duty under Section 11A(1) without invoking the proviso and contained no allegation of suppression, fraud, wilful misstatement, or intent to evade duty. In the absence of the statutory ingredients required for the extended period and mandatory penalty, Section 11AC could not be sustained. Voluntary payment of duty did not change this position, and the penalty was set aside in favour of the assessee. Case-Laws Central Excise Wed, 07 Oct 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155246