Waiver of scn

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 September 2011 sir , if an assessee, who is guilty of fraud or willfull mis statement pays the full amount of duty along with interest u/s 11AB before service of SCN , can the SCN can be waived ?? it was earlier not allowed as per section 11A(2B) , but after the amendments i am not clear on this issue . plz help .

2. what is the concept of addtitonal penalty of 50% of duty u/s 11A ?

3. can the penalty u/s 11AC can still be levied if assessee is not guilty of any fraud or willful mis-statement ?

U S Sharma

U S Sharma (Expert)
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20 September 2011 when any case is booked for concealment of data and non payment of appropriate duty, sec 11A is applicable, with maximum penalty of 100% of duty sought as evasion.

if you have paid the duty with interest, then reply the scn that you had no intention to avoid the duty payment and have already discharged the demand before issue of scn, with interest applicable, and request the adjucation authrity to drop the proceedings of SCN, a personal hearing would help you in this regard with the adjucating authority.