https://www.taxtmi.com/caselaws?id=202472 Penalty under Section 11AC of the Central Excise Act was held not exigible where goods, though unaccounted in the RG-1 register, remained within the factory under physical control and duty was paid before clearance. The provision applies only where non-payment or short-payment results from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty; on these facts, that essential mens rea was absent. The penalty was therefore set aside in favour of the assessee. en-us Tue, 29 Jun 2010 00:00:00 +0530 Wed, 02 Feb 2011 12:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=202472 Penalty under Section 11AC of the Central Excise Act was held not exigible where goods, though unaccounted in the RG-1 register, remained within the factory under physical control and duty was paid before clearance. The provision applies only where non-payment or short-payment results from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty; on these facts, that essential mens rea was absent. The penalty was therefore set aside in favour of the assessee. Case-Laws Central Excise Tue, 29 Jun 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=202472