https://www.taxtmi.com/caselaws?id=372649 Penalty under Section 11AC of the Central Excise Act was held unsustainable where duty was paid before the show-cause notice, the liability had been reflected in returns, and the record showed no fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. The discussion notes that Rule 8(3A) of the Central Excise Rules governed the consequences of delayed payment and restriction on Cenvat credit utilisation, but did not by itself create automatic penalty exposure under Section 11AC. Penalty is attracted only when the statutory ingredients for such action are established. en-us Thu, 13 Dec 2018 00:00:00 +0530 Thu, 27 Dec 2018 15:58:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=372649 Penalty under Section 11AC of the Central Excise Act was held unsustainable where duty was paid before the show-cause notice, the liability had been reflected in returns, and the record showed no fraud, collusion, wilful misstatement, suppression of facts, or intent to evade duty. The discussion notes that Rule 8(3A) of the Central Excise Rules governed the consequences of delayed payment and restriction on Cenvat credit utilisation, but did not by itself create automatic penalty exposure under Section 11AC. Penalty is attracted only when the statutory ingredients for such action are established. Case-Laws Central Excise Thu, 13 Dec 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=372649