https://www.taxtmi.com/caselaws?id=210258 Penalty under Section 11AC of the Central Excise Act was considered sustainable where duty had been paid before the show cause notice but the assessee had consciously taken Cenvat credit without maintaining separate records for inputs used in exempted and dutiable goods. The Tribunal applied the principle that Section 11AC penalty depends on deliberate deception, suppression of facts, or intent to evade duty, and not merely on the timing of payment. It rejected the plea of ignorance on the facts presented and upheld the view that intentional evasion made the penalty applicable. en-us Wed, 08 Jun 2011 00:00:00 +0530 Fri, 18 May 2012 16:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=210258 Penalty under Section 11AC of the Central Excise Act was considered sustainable where duty had been paid before the show cause notice but the assessee had consciously taken Cenvat credit without maintaining separate records for inputs used in exempted and dutiable goods. The Tribunal applied the principle that Section 11AC penalty depends on deliberate deception, suppression of facts, or intent to evade duty, and not merely on the timing of payment. It rejected the plea of ignorance on the facts presented and upheld the view that intentional evasion made the penalty applicable. Case-Laws Central Excise Wed, 08 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=210258