https://www.taxtmi.com/caselaws?id=328560 Penalty under Section 11AC of the Central Excise Act, 1944 and Rule 15(2) of the Cenvat Credit Rules, 2004 was found unsustainable where the show cause notice did not specifically allege suppression, fraud, collusion or misdeclaration. The relevant removal of goods and debit of Cenvat credit were already reflected in statutory records and the ER-1 return, so mere citation of the penal provision was insufficient to justify the equal penalty. The demand and interest were maintained, but the penalty was set aside, granting partial relief to the assessee. en-us Thu, 03 Mar 2016 00:00:00 +0530 Fri, 11 Nov 2016 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=328560 Penalty under Section 11AC of the Central Excise Act, 1944 and Rule 15(2) of the Cenvat Credit Rules, 2004 was found unsustainable where the show cause notice did not specifically allege suppression, fraud, collusion or misdeclaration. The relevant removal of goods and debit of Cenvat credit were already reflected in statutory records and the ER-1 return, so mere citation of the penal provision was insufficient to justify the equal penalty. The demand and interest were maintained, but the penalty was set aside, granting partial relief to the assessee. Case-Laws Central Excise Thu, 03 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=328560