2015 (9) TMI 346

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..... , the learned counsel for the appellant. The appeal was admitted on the following substantial questions of law : "(i)     Whether interest and penalty are not imposable only because the duty has been deposited before the issuance of show cause notice even when the case of fraud, collusion or wilful suppression of facts with an intent to evade payment of duty is established be .....

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..... nd, in the absence of any finding, that the assessee had suppressed the fact with the intent to avail the payment of duty having not been established beyond a reasonable doubt, we are of the opinion, that the show cause notice for imposition of penalty was unwarranted. We do not find any error in the order of the Tribunal, which has cancelled the penalty of Rs. 32,544/-. The appeal fails and is .....

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