2014 (3) TMI 591

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..... rightly made by invoking extended period - demand of duty is confirmed which is not contested by the Revenue under the provisions of Section 11AC of the Act by invoking extended period. Therefore, ingredients of Section 11AC of the Act are not fulfilled - penalty confirmed - Decided against assessee. - Appeal No.136 of 2011 - - - Dated:- 30-1-2013 - Mr. S.S. Kang, J. For the Appellant: Sh .....

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..... eafter, show cause notice was issued on 26.11.2009 for appropriation of the amount already deposited for imposition of penalty under Section 11AC of the Central Excise Act on the ground of suppression of fact with intent to evade payment of duty. The lower authority confirmed the demand and imposed penalty under Section 11AC of the Act. 4. Contention of the applicants is that penalty under Secti .....

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..... arance of the scrap. This rule was introduced on 16.5.2005. In the present case, certain scrap was cleared prior to introduction of Rule. The contention is that when audit party pointed out the discrepancy for payment of duty in respect of scrap the same has been immediately paid with interest. Hence the allegation that mere willful misstatement or suppression of fact with intent to evade payment .....

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