2016 (12) TMI 1639

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..... t: - there are no material facts that the appellants deliberately or knowingly failed to discharge the duty liability - Hon’ble Supreme Court in the case of Union of India Vs. Rajasthan Spinning & Weaving Mills [2009 (5) TMI 15 - SUPREME COURT OF INDIA] has observed that the penalty u/s 11AC can be imposed for assessee’s act of deliberate deception with intent to evade duty by adopting any of the .....

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..... herein, are engaged in the manufacture of P P Medicaments. It was alleged that the appellants had undervalued their physicians samples by determining its assessable value at transaction price under Section 4 instead of Section 4A of the Central Excise Act, 1944. The commodities falling under Chapter Heading/Sub-heading No.3003.10 and 3003.20 of the Central Excise Tariff Act, 1985, have been bro .....

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..... lty under Section 11AC can be imposed for assessee s act of deliberate deception with intent to evade duty by adopting any of the means in that Section. I observe that the assesse have already paid Central Excise duty of ₹ 1,34,753/- and also interest amounting to ₹ 3,000/-. I am of the view that the appellant has made out a case for waiver of penalty imposed under Rule 25 of the Centr .....

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