https://www.taxtmi.com/caselaws?id=350349 The penalty imposed under rule 25 of the Central Excise Act 2002 was set aside by the first appellate authority due to revenue neutrality on short payment. However, the penalty imposed under section 11AC of the Central Excise Act, 1944 was upheld by the Judicial Member, considering the undervaluation and contraventions by the appellant in clearing goods to their sister unit. The revenue's appeal challenging the setting aside of the penalty under section 11AC was rejected, emphasizing the need to consider mens-rea and revenue neutrality. Both the appellant's and the revenue's appeals were dismissed on 21/09/2017. en-us Thu, 21 Sep 2017 00:00:00 +0530 Sat, 04 Nov 2017 08:34:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=350349 The penalty imposed under rule 25 of the Central Excise Act 2002 was set aside by the first appellate authority due to revenue neutrality on short payment. However, the penalty imposed under section 11AC of the Central Excise Act, 1944 was upheld by the Judicial Member, considering the undervaluation and contraventions by the appellant in clearing goods to their sister unit. The revenue's appeal challenging the setting aside of the penalty under section 11AC was rejected, emphasizing the need to consider mens-rea and revenue neutrality. Both the appellant's and the revenue's appeals were dismissed on 21/09/2017. Case-Laws Central Excise Thu, 21 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=350349