https://www.taxtmi.com/caselaws?id=267402 Penalty under Section 11AC of the Central Excise Act could not be sustained because duty had been paid suo motu before any show cause notice and there was no prior determination of duty under Section 11A(2); the penalty was set aside. Interest under Section 11AB was nevertheless payable on wrongly availed credit reversed only after audit objection, and the interest demand was upheld. The separate penalty under Rule 173Q of the Central Excise Rules was also sustained because the wrong availment of credit and non-payment of duty were treated as contraventions of the excise rules. The assessee succeeded only on the Section 11AC penalty, while interest and the Rule 173Q penalty were maintained. en-us Thu, 04 Jun 2015 00:00:00 +0530 Wed, 04 Nov 2015 23:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=267402 Penalty under Section 11AC of the Central Excise Act could not be sustained because duty had been paid suo motu before any show cause notice and there was no prior determination of duty under Section 11A(2); the penalty was set aside. Interest under Section 11AB was nevertheless payable on wrongly availed credit reversed only after audit objection, and the interest demand was upheld. The separate penalty under Rule 173Q of the Central Excise Rules was also sustained because the wrong availment of credit and non-payment of duty were treated as contraventions of the excise rules. The assessee succeeded only on the Section 11AC penalty, while interest and the Rule 173Q penalty were maintained. Case-Laws Central Excise Thu, 04 Jun 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=267402