https://www.taxtmi.com/caselaws?id=210941 Penalty under Rule 96ZO(1) is not warranted where capacity-based duty assessed under Section 3A is later redetermined on actual production and the short payment arises only from that delayed redetermination. The duty regime permits provisional assessment, later redetermination, and adjustment of duty already paid; on these facts, the remaining amount was treated as a consequence of the redetermination process rather than deliberate evasion. The penalty was therefore held unsustainable and set aside, with consequential relief granted to the assessee. en-us Thu, 27 Jan 2011 00:00:00 +0530 Tue, 28 Feb 2012 06:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=210941 Penalty under Rule 96ZO(1) is not warranted where capacity-based duty assessed under Section 3A is later redetermined on actual production and the short payment arises only from that delayed redetermination. The duty regime permits provisional assessment, later redetermination, and adjustment of duty already paid; on these facts, the remaining amount was treated as a consequence of the redetermination process rather than deliberate evasion. The penalty was therefore held unsustainable and set aside, with consequential relief granted to the assessee. Case-Laws Central Excise Thu, 27 Jan 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=210941