TMI BlogSubstitution of new section for section 11ACX X X X Extracts X X X X X X X X Extracts X X X X ..... -payment or short payment or erroneous refund shall be as follows :-- (a) where any duty of excise has not been levied or paid or short-levied or short-paid or erroneously refunded, by reason of fraud or collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty, the pers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of order of the Central Excise Officer who has determined such duty, the amount of penalty liable to be paid by such person shall be twenty-five per cent of the duty so determined; (d) where the appellate authority or tribunal or court modifies the amount of duty of excise determined by the Central Excise Officer under sub-section (10) of section 11A, then, the amount of penalties and interest pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re than the amount determined under sub-section (10) of section 11A by the Central Excise Officer, the time within which the interest or penalty is payable under this Act shall be counted from the date of the order of the appellate authority or tribunal or court in respect of such increased amount.".
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