Monday, March 16, 2009

Penalty under section 11AC

The basic requirement for attracting the provisions of Section 11AC of the Act is that there has to be intention to evade the payment of Excise duty.

Such an intention cannot be presumed because the shortage which was detected during stock verification stood explained as occurred due to clerical mistake, and duty was paid without any protest.No question of law warranting admission of the appeal would arise.

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