9911796707
TMI Blog2007 (12) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of payment of before issue of SCN - clerical error and not deliberately - intent to evade duty is not established - duty due and interest thereon was paid before issue of SCN, penalty under Section 11AC is not warranted - E/950/2005 - 1500/2007 - Dated:- 17-12-2007 - Shri P. Karthikeyan, Member (T) [Order]. -1. M/s. Proteck Circuits Systems (P) Ltd. received back machines afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt-paid duty along with interest before issue of SCN. 2. In the impugned order, the Commissioner (A) imposed a penalty equal to 25% of the duty amount of Rs.1,81,468/- under Section 11AC. The assessee seeks to vacate the above penalty in the instant appeal. The authorized representative of the assessee submits that during the material period in 18 out of 21 cases they had paid excess duty comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat in the said case the Apex Court did not interfere with the penalty imposed under Section 11AC on the facts of that case. The Court had found that in several cases cited before it where penalty had not been imposed was owing to lapses on the part of the parties concerned owing to bona fide belief. In the impugned order, the Commissioner (A) rendered the following finding, 'the respondent-asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent to evade duty is not established, penalty under Section 11AC is not warranted. There are several judicial authorities which have held that in a case where duty evaded deliberately is paid before issue of SCN no penalty is required to be imposed. In the instant case duty due and interest thereon was paid before issue of SCN. In the circumstances the penalty imposed under Section 11AC in the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
