https://www.taxtmi.com/caselaws?id=166249 Penalty under the Central Excise Act is not automatic merely because duty is paid after a show cause notice; bona fide conduct remains a material consideration. Where the assessee cannot establish bona fides and the record reflects wilful suppression or violation of Modvat/Cenvat requirements, the statutory penalty consequence may still follow. On the facts noted, the assessee's claim for credit or refund after the notice lacked bona fides, so the relief granted below was unsustainable and the Revenue succeeded. en-us Thu, 04 Aug 2011 00:00:00 +0530 Fri, 05 Sep 2014 18:44:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166249 Penalty under the Central Excise Act is not automatic merely because duty is paid after a show cause notice; bona fide conduct remains a material consideration. Where the assessee cannot establish bona fides and the record reflects wilful suppression or violation of Modvat/Cenvat requirements, the statutory penalty consequence may still follow. On the facts noted, the assessee's claim for credit or refund after the notice lacked bona fides, so the relief granted below was unsustainable and the Revenue succeeded. Case-Laws Central Excise Thu, 04 Aug 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166249