2014 (3) TMI 487

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..... of the Act have been attracted, then the mandatory penalty under section 11AC is imposable. Admittedly, there is no allegation of fraud, collusion, willful mis-statement, suppression of fact or contravention of provisions with intent to evade payment of duty against the respondent. Therefore, provisions of section 11AC is not attracted. In the absence of such an allegation, penalty is not imposabl .....

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..... nding of the ld. AR is not correct. As per the decision of Rajasthan Spinning Weaving Mills, the Apex Court has held that if the ingredients of Section 11AC of the Act have been attracted, then the mandatory penalty under section 11AC is imposable. Admittedly, there is no allegation of fraud, collusion, willful mis-statement, suppression of fact or contravention of provisions with intent to evad .....

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