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TMI BlogPayment of PenaltyX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir, We are member of Large Tax payer Unit (LTU) .We have paid differential Excise duty along with interest. Now department has been insisting to pay penalty also at the rate of 1 percent of amount of diff. duty under section 11AC to avoid the SCN. According to me , no scn is issued by the department if differential EC is paid along with interest . Please advise. Regds Pradeep - R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply By Madhukar N Hiregange - The Reply = True. Also paying 1 percent penalty accepts that there is fraud, suppression ect. - Reply By Naveed S - The Reply = Department insistence appears to be true if the differential excise duty is due to any reason pertaining to fraud, collusion, any wilful mis-statement, suppression of fact or contravention of any provision with intention relating to eva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of excise duty. The contention made by the departmental officer is correct as in the present case, as the same is duly supported under the rule. Interestingly, the reasons for payment of differential duty is not mentioned. - Reply By S RAMAN - The Reply = When the Service Tax is paid with interest no penalty is payable. You can refer a judgement appeared in the same Tax Management Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a and hence, if demanded prefer an appeal. - Payment of Penalty - Query Started By: - Pradeep Jain Dated:- 26-4-2014 Central Excise - Got 3 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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