https://www.taxtmi.com/caselaws?id=170545 Penalty under Section 11AC of the Central Excise Act, 1944, read with Rule 13 of the Cenvat Credit Rules, 2002 and Rules 25 and 26 of the Central Excise Rules, 2004, was held unsustainable where goods were received against duty-paid invoices, payment was made by account payee cheque, and the record showed transport documents and supplier confirmation of supply. In the absence of any allegation that the goods were not received, the ingredients of fraud or collusion were not established. Penalty was therefore not imposable, and the penalty orders were set aside in favour of the assessees. en-us Wed, 20 Oct 2010 00:00:00 +0530 Tue, 02 Jun 2015 11:24:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170545 Penalty under Section 11AC of the Central Excise Act, 1944, read with Rule 13 of the Cenvat Credit Rules, 2002 and Rules 25 and 26 of the Central Excise Rules, 2004, was held unsustainable where goods were received against duty-paid invoices, payment was made by account payee cheque, and the record showed transport documents and supplier confirmation of supply. In the absence of any allegation that the goods were not received, the ingredients of fraud or collusion were not established. Penalty was therefore not imposable, and the penalty orders were set aside in favour of the assessees. Case-Laws Central Excise Wed, 20 Oct 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170545