https://www.taxtmi.com/caselaws?id=343928 The penalty imposed under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the Act for delayed payment of monthly duty was set aside in the appeal. The Member (Judicial) found that there was no suppression of facts, fraud, or collusion by the appellant, as duty liabilities were declared in monthly returns and interest was paid for delayed payments. It was emphasized that mens rea is essential for penalties under Section 11AC, and without it, the penalty cannot be imposed. The appeal was allowed, and the penalty under Section 11AC was deemed unsustainable. en-us Fri, 17 Mar 2017 00:00:00 +0530 Mon, 05 Jun 2017 07:12:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=343928 The penalty imposed under Rule 25 of the Central Excise Rules, 2002 read with Section 11AC of the Act for delayed payment of monthly duty was set aside in the appeal. The Member (Judicial) found that there was no suppression of facts, fraud, or collusion by the appellant, as duty liabilities were declared in monthly returns and interest was paid for delayed payments. It was emphasized that mens rea is essential for penalties under Section 11AC, and without it, the penalty cannot be imposed. The appeal was allowed, and the penalty under Section 11AC was deemed unsustainable. Case-Laws Central Excise Fri, 17 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=343928