https://www.taxtmi.com/caselaws?id=265434 Penalty under Section 11AC of the Central Excise Act was not sustainable where Cenvat credit was wrongly availed but never utilised and was reversed after the error was detected by audit. The provision applies only when non-payment, short payment, or wrongful availment is accompanied by fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. On the facts noted, the Revenue failed to establish the requisite intent to evade, so the penalty could not be imposed. en-us Wed, 04 Mar 2015 00:00:00 +0530 Sun, 11 Oct 2015 18:52:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=265434 Penalty under Section 11AC of the Central Excise Act was not sustainable where Cenvat credit was wrongly availed but never utilised and was reversed after the error was detected by audit. The provision applies only when non-payment, short payment, or wrongful availment is accompanied by fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. On the facts noted, the Revenue failed to establish the requisite intent to evade, so the penalty could not be imposed. Case-Laws Central Excise Wed, 04 Mar 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=265434