https://www.taxtmi.com/caselaws?id=172713 Penalty under Rule 57U(6) of the Central Excise Rules, 1944 was held unsustainable because the record did not establish fraud, wilful misstatement, collusion, suppression of facts, or contravention with intent to evade duty. Credit had been taken on capital goods, and when the duty shortfall was pointed out at removal, the assessee ed the lapse and paid the duty. On those facts, the statutory ingredients for the penal provision were not proved, so deletion of the penalty was justified. en-us Fri, 23 Sep 2011 00:00:00 +0530 Fri, 28 Aug 2015 10:26:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172713 Penalty under Rule 57U(6) of the Central Excise Rules, 1944 was held unsustainable because the record did not establish fraud, wilful misstatement, collusion, suppression of facts, or contravention with intent to evade duty. Credit had been taken on capital goods, and when the duty shortfall was pointed out at removal, the assessee ed the lapse and paid the duty. On those facts, the statutory ingredients for the penal provision were not proved, so deletion of the penalty was justified. Case-Laws Central Excise Fri, 23 Sep 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172713