https://www.taxtmi.com/caselaws?id=209164 Penalty under Section 11AC of the Central Excise Act and Rule 173Q was held to depend on a show-cause notice and record disclosing suppression, fraud, collusion, wilful misstatement or intent to evade duty; in their absence, penal action was not sustainable. Interest under Section 11AB was held payable on short-paid duty because duty is due at clearance and delayed discharge attracts interest, and revenue neutrality did not defeat that liability. However, interest could apply only from 11 May 2001, when Section 11AB came into force, so the pre-commencement period was excluded and quantification was remitted for that limited period. en-us Thu, 13 Jan 2011 00:00:00 +0530 Mon, 29 Jul 2013 11:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=209164 Penalty under Section 11AC of the Central Excise Act and Rule 173Q was held to depend on a show-cause notice and record disclosing suppression, fraud, collusion, wilful misstatement or intent to evade duty; in their absence, penal action was not sustainable. Interest under Section 11AB was held payable on short-paid duty because duty is due at clearance and delayed discharge attracts interest, and revenue neutrality did not defeat that liability. However, interest could apply only from 11 May 2001, when Section 11AB came into force, so the pre-commencement period was excluded and quantification was remitted for that limited period. Case-Laws Central Excise Thu, 13 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=209164