https://www.taxtmi.com/caselaws?id=2653 Penalty under Section 11AC of the Central Excise Act, 1944 could not be sustained because the show cause notice did not allege fraud, misstatement, suppression of facts, contravention of rules, or intent to evade duty. The shortage of raw material had also been made good by reversal of credit before issuance of the notice. In the absence of these foundational allegations, the statutory requirements for invoking penal liability under Section 11AC were not met, and the penalty was set aside in favour of the assessee. en-us Wed, 22 Aug 2007 00:00:00 +0530 Wed, 16 Apr 2008 09:51:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2653 Penalty under Section 11AC of the Central Excise Act, 1944 could not be sustained because the show cause notice did not allege fraud, misstatement, suppression of facts, contravention of rules, or intent to evade duty. The shortage of raw material had also been made good by reversal of credit before issuance of the notice. In the absence of these foundational allegations, the statutory requirements for invoking penal liability under Section 11AC were not met, and the penalty was set aside in favour of the assessee. Case-Laws Central Excise Wed, 22 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2653