2007 (8) TMI 141 - AT - Central Excise

Penalty Appellant contented that penalty u/s 11AC of CEA, 1944 not sustained on the ground that no allegation of fraud mis-statement contravention of rules in SCN with intent to evade payment of duty Tribunal finding the contention satisfactory and set aside the penalty

Summary

The Appellate Tribunal CESTAT, New Delhi, in a case involving shortage of raw material, set aside the penalty imposed under Section 11AC of the Central Excise Act, 1944, as there was no allegation of fraud or intent to evade duty in the show cause notice. The appeal was allowed based on this finding.