https://www.taxtmi.com/caselaws?id=35429 Sugar cleared as levy sugar on loan basis but later recharacterised as free sale sugar attracted the duty applicable to free sale sugar, because the transaction change and differential price altered the excise liability; the differential duty was therefore upheld. Interest and penalty were not sustainable in the absence of evidence of suppression, misstatement, fraud, or intent to evade duty, particularly where the assessee was a State-owned undertaking and the record did not establish the statutory ingredients for penal action. The duty demand was sustained, while the interest and penalties were set aside. en-us Mon, 29 Sep 2008 00:00:00 +0530 Fri, 05 Mar 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=35429 Sugar cleared as levy sugar on loan basis but later recharacterised as free sale sugar attracted the duty applicable to free sale sugar, because the transaction change and differential price altered the excise liability; the differential duty was therefore upheld. Interest and penalty were not sustainable in the absence of evidence of suppression, misstatement, fraud, or intent to evade duty, particularly where the assessee was a State-owned undertaking and the record did not establish the statutory ingredients for penal action. The duty demand was sustained, while the interest and penalties were set aside. Case-Laws Central Excise Mon, 29 Sep 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=35429