https://www.taxtmi.com/caselaws?id=375393 Penalty under Section 11AC of the Central Excise Act was held sustainable where duty short-payment was determined under Section 11A(2) and the conduct showed continued non-payment despite invoicing and collection, as prior payment before notice did not by itself extinguish liability. The Tribunal applied the settled principle that Section 11AC is attracted in cases involving fraud, suppression, or intent to evade. However, because the assessee had already deposited 25% of the penalty within the period contemplated by the proviso, it was entitled to the statutory reduced-penalty benefit. The penalty was therefore upheld in principle, but reduced to 25% under the proviso. en-us Mon, 26 Nov 2018 00:00:00 +0530 Tue, 19 Feb 2019 10:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=375393 Penalty under Section 11AC of the Central Excise Act was held sustainable where duty short-payment was determined under Section 11A(2) and the conduct showed continued non-payment despite invoicing and collection, as prior payment before notice did not by itself extinguish liability. The Tribunal applied the settled principle that Section 11AC is attracted in cases involving fraud, suppression, or intent to evade. However, because the assessee had already deposited 25% of the penalty within the period contemplated by the proviso, it was entitled to the statutory reduced-penalty benefit. The penalty was therefore upheld in principle, but reduced to 25% under the proviso. Case-Laws Central Excise Mon, 26 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=375393