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    <title>2018 (9) TMI 167 - CESTAT AHMEDABAD</title>
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    <description>Penalty under Rule 25(1)(a) was held unsustainable because the Tribunal had already found no suppression of facts, and the statutory ingredients for invoking Section 11AC were absent. The Tribunal noted that penalty under Rule 25(1)(a) is subject to the requirements of Section 11AC of the Central Excise Act, 1944, and that a show cause notice under Section 11A(1) had not been issued. On that basis, the statutory foundation needed to sustain the penalty was missing, and the penalty was set aside in favour of the assessee.</description>
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      <title>2018 (9) TMI 167 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=366431</link>
      <description>Penalty under Rule 25(1)(a) was held unsustainable because the Tribunal had already found no suppression of facts, and the statutory ingredients for invoking Section 11AC were absent. The Tribunal noted that penalty under Rule 25(1)(a) is subject to the requirements of Section 11AC of the Central Excise Act, 1944, and that a show cause notice under Section 11A(1) had not been issued. On that basis, the statutory foundation needed to sustain the penalty was missing, and the penalty was set aside in favour of the assessee.</description>
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      <pubDate>Thu, 02 Aug 2018 00:00:00 +0530</pubDate>
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