9911796707
TMI Blog2010 (6) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 11AC of the Act are fulfilled as appellant suppressed the material fact with intent to evade payment of duty by taking credit - appellants are liable for penalty under Section 11AC of the Act - appeal is dismissed - E/EDM/751/2004 - A-398/KOL/2010 - Dated:- 10-6-2010 - S/Shri S.S. Kang, Vice-President and M. Veeraiyan, Member (T) REPRESENTED BY : Shri Sukhendu Bhattacharjee, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udicating authority confirmed the demand of Rs. 19,27,554.00 after denying the credit which was wrongly taken and also imposed a penalty equal to the amount of duty under Section 11AC of the Central Excise Act. Appellant filed appeal on the Tribunal upholding the order in respect of duty however the penalty imposed under Section 11AC of the Act was reduced to Rs. 2.00 Lakhs. 3. Revenue fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duty of excise is not levied or paid or has been short levied and short paid and erroneously by reasons of fraud, evasion or any wilful statement or suppression of facts or contravention of any of the provisions of this Act of the Rules with intent to evade payment of duty, the person who is liable to pay duty shall also be liable to the penalty equal to the duty so determined". In the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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