CESTAT upheld Section 11AC penalty on intentional short payment of duty

Meghmani Organics Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) CESTAT find that there is no dispute about the duty and interest which were already paid by the appellant on pointing out by the audit. The only limited issue to be decided by me in the given facts and circumstances are that whether the appellant is liable to pay penalty under Section 11AC. Adjudicating authority has given the elaborated reasoning for imposition of penalty under Section 11AC. Right from the beginning the appellant’s defense is that since the duty was paid and show cause notice was issued within a normal period of ...