https://www.taxtmi.com/caselaws?id=368185 Penalty under Section 11AC of the Central Excise Act was held unsustainable where the statutory ingredients of fraud, collusion, suppression of facts or willful misstatement were not established. The assessee had informed the jurisdictional superintendent of its view that quantity discounts were not dutiable, acted on a stated marketing practice, and later paid the differential duty with interest. On these facts, the conduct was treated as a bona fide belief rather than intent to evade duty, so the preconditions for penal action were not met and the penalty portion was set aside. en-us Tue, 21 Aug 2018 00:00:00 +0530 Thu, 04 Oct 2018 07:29:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=368185 Penalty under Section 11AC of the Central Excise Act was held unsustainable where the statutory ingredients of fraud, collusion, suppression of facts or willful misstatement were not established. The assessee had informed the jurisdictional superintendent of its view that quantity discounts were not dutiable, acted on a stated marketing practice, and later paid the differential duty with interest. On these facts, the conduct was treated as a bona fide belief rather than intent to evade duty, so the preconditions for penal action were not met and the penalty portion was set aside. Case-Laws Central Excise Tue, 21 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=368185