No Penalty u/s 11A (4) of Central Excise Act in Absence of Tax Evasion

Universal Bituminous Industries Pvt. Ltd. Vs Commr. of CGST & CX (CESTAT Kolkata) A Show Cause Notice dated 04/04/2019 was issued demanding an amount of Rs. 67,505/- (i.e 6% of 10% of traded goods) on traded items to the tune of Rs.1,12,50,819/- during the Financial Year 2013-14 2.2. The Ld. Adjudicating Authority confirmed the demand and ordered for recovery of Rs.67,505/- under Rules 6(3) of the Cenvat Credit Rules, 2004 read with section 11A(4) of the Central Excise Act, 1944. Penalty of equal amount was also imposed. Being aggrieved, the appellant filed the appeal before the First Appe...