Excise Duty Penalties Annulled Due to Section 11A Governance Over Section 11AC in Valuation Dispute.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Levy of penalty u/s 11AC of Central Excise Act, 1944 - duty liability from January 2009 onwards was being discharged on lower values by applying appropriate rate of duty to value derived from CAS 4 of 2008 - mistake/ inadvertence - While penalties were imposed under section 11AC of the Central Excise Act, 1944, the CESTAT notes that this provision does not autonomously empower imposition; instead, it is controlled by section 11A, and considering the circumstances, the penalties are set aside.....