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    <title>2010 (4) TMI 774 - GUJARAT HIGH COURT</title>
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    <description>The Tribunal deleted the penalty imposed under Section 11AC of the Central Excise Act due to the absence of allegations of fraud, collusion, misstatement, or suppression of facts in the show cause notice. The issue regarding the penalty had not attained finality before the penalty proceedings. The Court upheld the Tribunal&#039;s decision, emphasizing that Section 11AC allows penalties only in specific circumstances, which were not present in this case. Consequently, the penalty was quashed, and only the duty amount with interest was confirmed and upheld, leading to the dismissal of the tax appeal.</description>
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    <pubDate>Wed, 21 Apr 2010 00:00:00 +0530</pubDate>
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      <title>2010 (4) TMI 774 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=205132</link>
      <description>The Tribunal deleted the penalty imposed under Section 11AC of the Central Excise Act due to the absence of allegations of fraud, collusion, misstatement, or suppression of facts in the show cause notice. The issue regarding the penalty had not attained finality before the penalty proceedings. The Court upheld the Tribunal&#039;s decision, emphasizing that Section 11AC allows penalties only in specific circumstances, which were not present in this case. Consequently, the penalty was quashed, and only the duty amount with interest was confirmed and upheld, leading to the dismissal of the tax appeal.</description>
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      <pubDate>Wed, 21 Apr 2010 00:00:00 +0530</pubDate>
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