Section 11AC penalty not valid If no Suppression of fact to evade Duty

Tansi Pump Unit Vs Commissioner of GST & Central Excise (CESTAT Chennai) Brief facts are that the appellants are registered as manufacturer of hand-pumps, EB line material, Benches, Desks etc. They availed small scale exemption under Notification No.8/2003-CE dt. 1.3.2003 and after crossing the exemption limit were clearing the products on payment of duty. Appellant also availed cenvat credit while paying duties on the finished product. On verification of records, it was found that appellant had converted steel scrap into angles and channels through job workers for which purpose they remov...