2006 (9) TMI 186

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..... tion 11AC is liable to be imposed on the assessee and interest under Section 11AB can be levied in those cases which fall under the purview of explanation to sub-section (2B) of Section 11A of the Central Excise Act, 1944, where duty has been deposited before issue of Show Cause Notice?" 2. Case of the revenue is that the assessee was clearing parts of washing machines to its own branches/servic .....

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..... ating authority. The Tribunal set aside the penalty holding that duty having been paid prior to issuance of show cause notice, imposition of penalty was not justified. 3. We have heard learned Counsel for the revenue. 4. It is well-settled that penalty under Section 11AC of the Central Excise Act, 1944 (for short, 'the Act') is leviable if the assessee has requisite mens rea. Though, mere depo .....

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