https://www.taxtmi.com/caselaws?id=202537 Penalty under Section 11AC of the Central Excise Act applies only where short-payment is attributable to fraud, collusion, wilful misstatement, suppression of facts, or similar conduct with intent to evade duty. Where the assessee has paid the differential duty before confirmation of the show cause notice and the record does not establish any such culpable intent, the statutory conditions for penalty are not met. For the same reason, interest under Section 11AB is also not attracted on those facts. The commentary notes that the tribunal's view, declining both penalty and interest, accords with the statutory framework and the evidentiary record. en-us Fri, 27 Aug 2010 00:00:00 +0530 Sat, 02 Apr 2011 01:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=202537 Penalty under Section 11AC of the Central Excise Act applies only where short-payment is attributable to fraud, collusion, wilful misstatement, suppression of facts, or similar conduct with intent to evade duty. Where the assessee has paid the differential duty before confirmation of the show cause notice and the record does not establish any such culpable intent, the statutory conditions for penalty are not met. For the same reason, interest under Section 11AB is also not attracted on those facts. The commentary notes that the tribunal's view, declining both penalty and interest, accords with the statutory framework and the evidentiary record. Case-Laws Central Excise Fri, 27 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=202537