https://www.taxtmi.com/caselaws?id=170290 Penalty under Section 11AC of the Central Excise Act, 1944 is not attracted where an assessee merely collects an excess amount as excise duty from customers on sale of pre-budget stock and deposits that excess under Section 11D, without any allegation or proof of fraud, wilful misstatement, suppression of facts, or intent to evade duty. Section 11AC applies only when the statutory conditions linked to culpable evasion are satisfied. In the absence of such conduct, deposit of the excess amount under Section 11D does not justify penalty under Section 11AC. en-us Tue, 02 Nov 2010 00:00:00 +0530 Thu, 21 May 2015 17:18:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170290 Penalty under Section 11AC of the Central Excise Act, 1944 is not attracted where an assessee merely collects an excess amount as excise duty from customers on sale of pre-budget stock and deposits that excess under Section 11D, without any allegation or proof of fraud, wilful misstatement, suppression of facts, or intent to evade duty. Section 11AC applies only when the statutory conditions linked to culpable evasion are satisfied. In the absence of such conduct, deposit of the excess amount under Section 11D does not justify penalty under Section 11AC. Case-Laws Central Excise Tue, 02 Nov 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170290