https://www.taxtmi.com/caselaws?id=33639 Benefit of deemed credit under Notification No. 6/2002-C.E. (N.T.) is excluded only where non-payment or short payment is shown to arise from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. On the stated facts, clearance was under CT(3) certificates, rewarehousing certificates were not produced within time, and duty was later paid with interest within three months. The record disclosed no deliberate intention to evade duty, and mere procedural non-compliance or failure to export goods did not itself establish the requisite mens rea. The Revenue's objection to deemed credit therefore failed. en-us Thu, 15 Jan 2009 00:00:00 +0530 Mon, 01 Jun 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=33639 Benefit of deemed credit under Notification No. 6/2002-C.E. (N.T.) is excluded only where non-payment or short payment is shown to arise from fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty. On the stated facts, clearance was under CT(3) certificates, rewarehousing certificates were not produced within time, and duty was later paid with interest within three months. The record disclosed no deliberate intention to evade duty, and mere procedural non-compliance or failure to export goods did not itself establish the requisite mens rea. The Revenue's objection to deemed credit therefore failed. Case-Laws Central Excise Thu, 15 Jan 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=33639