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    <title>2015 (10) TMI 2266 - CESTAT MUMBAI</title>
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    <description>Differential excise duty paid suo motu before the show cause notice, after discovery of a bona fide omission in valuation, did not justify interest or penalties. The omission to include amortised mould cost in assessable value was corrected by the assessee on its own, with duty computed and paid without any departmental objection or enquiry. On those facts, wilful intent to evade duty was not established, so the conditions for penalty under Section 11AC and interest under the earlier Section 11AB were not met. Penalty under Rule 209A on the partner and buyer was also unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=266992</link>
      <description>Differential excise duty paid suo motu before the show cause notice, after discovery of a bona fide omission in valuation, did not justify interest or penalties. The omission to include amortised mould cost in assessable value was corrected by the assessee on its own, with duty computed and paid without any departmental objection or enquiry. On those facts, wilful intent to evade duty was not established, so the conditions for penalty under Section 11AC and interest under the earlier Section 11AB were not met. Penalty under Rule 209A on the partner and buyer was also unsustainable.</description>
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