https://www.taxtmi.com/caselaws?id=241088 Section 11A(2B) of the Central Excise Act applies only where short payment or non-payment is untainted by fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. Where credit was taken without receipt of goods, false Gate Register entries were made, and goods were sent directly to the customer, the availment was knowingly and deliberately wrongful. Later reversal of the CENVAT credit did not cure the original fraud or bring the case within the statutory protection. Interest and penalty therefore remain sustainable in such circumstances. en-us Thu, 22 Aug 2013 00:00:00 +0530 Wed, 23 Apr 2014 16:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=241088 Section 11A(2B) of the Central Excise Act applies only where short payment or non-payment is untainted by fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. Where credit was taken without receipt of goods, false Gate Register entries were made, and goods were sent directly to the customer, the availment was knowingly and deliberately wrongful. Later reversal of the CENVAT credit did not cure the original fraud or bring the case within the statutory protection. Interest and penalty therefore remain sustainable in such circumstances. Case-Laws Central Excise Thu, 22 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=241088