https://www.taxtmi.com/caselaws?id=203974 Penalty under Section 11AC of the Central Excise Act was unsustainable because the statutory prerequisites were not established. The shortages found during inspection were explained by reference to the records, and there was no evidence of clandestine removal. As fraud, collusion, wilful misstatement, suppression of facts, or contravention of the Act or Rules with intent to evade duty was not shown, the precondition for invoking Section 11AC was absent. The penalty confirmation was therefore set aside. en-us Fri, 22 Oct 2010 00:00:00 +0530 Wed, 05 Jun 2013 14:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=203974 Penalty under Section 11AC of the Central Excise Act was unsustainable because the statutory prerequisites were not established. The shortages found during inspection were explained by reference to the records, and there was no evidence of clandestine removal. As fraud, collusion, wilful misstatement, suppression of facts, or contravention of the Act or Rules with intent to evade duty was not shown, the precondition for invoking Section 11AC was absent. The penalty confirmation was therefore set aside. Case-Laws Central Excise Fri, 22 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=203974