TaxTMI 
TaxTMI 
Payment of Penalty
X X X X Extracts X X X X
X X X X Extracts X X X X
....ayment of Penalty<br> Query (Issue) Started By: - Pradeep Jain Dated:- 26-4-2014 Last Reply Date:- 5-5-2014 Central Excise<br>Got 3 Replies<br>Central Excise<br>Dear Sir, We are member of Large Tax ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....payer Unit (LTU) .We have paid differential Excise duty along with interest. Now department has been insisting to pay penalty also at the rate of 1 percent of amount of diff. duty under section 11AC t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o avoid the SCN. According to me , no scn is issued by the department if differential EC is paid along with interest . Please advise. Regds Pradeep Reply By Madhukar N Hiregange: The Reply: True. Al....
X X X X Extracts X X X X
X X X X Extracts X X X X
....so paying 1 percent penalty accepts that there is fraud, suppression ect. Reply By Naveed S: The Reply: Department insistence appears to be true if the differential excise duty is due to any reason ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pertaining to fraud, collusion, any wilful mis-statement, suppression of fact or contravention of any provision with intention relating to evasion of excise duty. The contention made by the departmen....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tal officer is correct as in the present case, as the same is duly supported under the rule. Interestingly, the reasons for payment of differential duty is not mentioned. Reply By S RAMAN: The Reply....
X X X X Extracts X X X X
X X X X Extracts X X X X
....: When the Service Tax is paid with interest no penalty is payable. You can refer a judgement appeared in the same Tax Management India and hence, if demanded prefer an appeal.<br> Discussion Forum -....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Knowledge Sharing ....