https://www.taxtmi.com/caselaws?id=2813 Penalty under Rule 57-I(4) of the Central Excise Rules, 1944 could not be sustained where the show-cause notice contained no allegation of fraud, wilful misstatement, collusion or suppression of facts with intent to evade duty. The provision authorises penalty only when wrongful credit is taken by reason of such evasive conduct, and in the absence of the necessary allegation and corresponding finding, the penal consequence fails. The reversal of credit was left undisturbed, but the penalty was held inapplicable for want of the required statutory foundation. en-us Sun, 19 Aug 2007 00:00:00 +0530 Wed, 16 Apr 2008 11:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=2813 Penalty under Rule 57-I(4) of the Central Excise Rules, 1944 could not be sustained where the show-cause notice contained no allegation of fraud, wilful misstatement, collusion or suppression of facts with intent to evade duty. The provision authorises penalty only when wrongful credit is taken by reason of such evasive conduct, and in the absence of the necessary allegation and corresponding finding, the penal consequence fails. The reversal of credit was left undisturbed, but the penalty was held inapplicable for want of the required statutory foundation. Case-Laws Central Excise Sun, 19 Aug 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=2813