https://www.taxtmi.com/caselaws?id=330473 Penalty under Section 11AC of the Central Excise Act requires proof of suppression, wilful misstatement, or similar culpable conduct with intent to evade duty. Where an assessee filed classification declarations, voluntarily informed the department of a revised duty position, and proposed payment of differential duty before adjudication, these ingredients were not established. Penal consequences were therefore unavailable, and the related claim for interest under Section 11AB, founded on such culpable conduct, also lacked basis. Voluntary disclosure of the classification change and differential duty position negates the conditions required for penalty. en-us Thu, 14 Jul 2016 00:00:00 +0530 Thu, 16 Feb 2017 15:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=330473 Penalty under Section 11AC of the Central Excise Act requires proof of suppression, wilful misstatement, or similar culpable conduct with intent to evade duty. Where an assessee filed classification declarations, voluntarily informed the department of a revised duty position, and proposed payment of differential duty before adjudication, these ingredients were not established. Penal consequences were therefore unavailable, and the related claim for interest under Section 11AB, founded on such culpable conduct, also lacked basis. Voluntary disclosure of the classification change and differential duty position negates the conditions required for penalty. Case-Laws Central Excise Thu, 14 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=330473