https://www.taxtmi.com/caselaws?id=212810 Penalty under Section 11AC of the Central Excise Act was held unsustainable where duty and interest were confirmed but the record did not show mala fide intent, fraud, or an intent to evade duty. The authorities found no involvement in procuring or producing any fake CT-2 certificate, and the only lapse was failure to track re-warehousing certificates. On those facts, mere non-payment of duty and interest was insufficient to justify penalty; the requisite culpable intent had to be recorded. The penalty was deleted, while the duty and interest demand remained unaffected. en-us Tue, 28 Jun 2011 00:00:00 +0530 Wed, 12 Jun 2013 15:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=212810 Penalty under Section 11AC of the Central Excise Act was held unsustainable where duty and interest were confirmed but the record did not show mala fide intent, fraud, or an intent to evade duty. The authorities found no involvement in procuring or producing any fake CT-2 certificate, and the only lapse was failure to track re-warehousing certificates. On those facts, mere non-payment of duty and interest was insufficient to justify penalty; the requisite culpable intent had to be recorded. The penalty was deleted, while the duty and interest demand remained unaffected. Case-Laws Central Excise Tue, 28 Jun 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=212810