https://www.taxtmi.com/caselaws?id=47376 Penalty under Section 11AC requires a fresh examination of the statutory ingredients, including fraud, collusion, wilful misstatement, suppression of facts, or other contravention with intent to evade duty, because mens rea remains relevant to both liability and quantum. Even where the duty demand is not disputed and duty with interest has been paid before hearing, the assessee's bona fide stand on duty liability or Modvat entitlement must still be considered on the question of intent to evade. The Tribunal erred in upholding the penalty without addressing that defence, so the penalty issue was remanded for fresh decision in accordance with law; the deletion of penalty for the period before 28-9-1996 remained undisturbed. en-us Fri, 13 Feb 2004 00:00:00 +0530 Wed, 28 Jul 2010 13:49:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=47376 Penalty under Section 11AC requires a fresh examination of the statutory ingredients, including fraud, collusion, wilful misstatement, suppression of facts, or other contravention with intent to evade duty, because mens rea remains relevant to both liability and quantum. Even where the duty demand is not disputed and duty with interest has been paid before hearing, the assessee's bona fide stand on duty liability or Modvat entitlement must still be considered on the question of intent to evade. The Tribunal erred in upholding the penalty without addressing that defence, so the penalty issue was remanded for fresh decision in accordance with law; the deletion of penalty for the period before 28-9-1996 remained undisturbed. Case-Laws Central Excise Fri, 13 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=47376