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Query???

(Guest)

In case of short payment(due to fruad) of excise duty assessee paid duty before issue of scn u/s11(1)

whether penalty can be impossed on the assessee?

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8 Replies

HS Negi (Senior Executive- F&A) (590 Points)
Replied 21 February 2011

Dear Sudhir,

Penalty is imposed in case of suppression of things from the department. If assessee himself assess his mistake the deposit the differiential duty with interest as applicable then no penalty can be imposed upon him.

Regards

HS Negi

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(Guest)

Originally posted by : HS Negi
	Dear Sudhir, Penalty is imposed in case of suppression of things from the department. If assessee himself assess his mistake the deposit the differiential duty with interest as applicable then no penalty can be imposed upon him. Regards HS Negi

SIR u r rigth but if any assessee paid duty since he knew from somewhere else that scn is likely to be issued sir i hv raed "rajasthan spining & waiving mill" case in this same was raise and penalty levied on assessee but i could't understand that clearly

rachit jain (chartered accountant ) (635 Points)
Replied 21 February 2011

this case is clearly defining that if there is any suppression of fact, willful mis-statement the department have full right to issue scn even though duty and interest was paid before the issuance.penalty can only be imposed if the reason for penalty is clearly stated in scn .