Full Judgment
3. Brief facts of the case are that appellants are engaged in the manufacture of Latex Foam products and were availing the benefit of Small Scale Exemption Notification. During the verification of their accounts, the appellants found that they had crossed the limit of clearance provided under the Small Scale Exemption Notification and vide letter dated 20-1-2000 wrote to the Revenue Department regarding their clearance and deposited the amount of Rs. 3,52,285/-, Thereafter, Revenue issued a show cause notice on 5-12-2000 asking for the duty in respect of the goods which were cleared over and above the value of clearance under the Small Scale Exemption Notification. As per the Revenue, the appellants were required to pay an amount of Rs. 4,51,185/-, The appellants accepted the demand and deposited the whole of the duty.
4. The contention of the appellants is that when they had their own deposited the amount of Rs. 3,52,285/- on the ground that they had cleared the goods over and above Small Scale Exemption Notification, there is no intention on their part to evade duty. The show cause notice was issued after almost one year from the date when they informed the Department after depositing the duty.
5. The contention of the Revenue is that they had not deposited whole of the duty. The appellants deposited the amount of Rs. 3,52,285/- whereas the total duty comes to Rs. 4,51,185/-. The factual position is that appellants at their own vide letter dated 20-1-2000 deposited the duty of Rs. 3,52,285 - has not disputed by the Revenue. As the appellants, on verification from their record deposited the duty and, thereafter, on receipt of this information, the Revenue issued show cause notice, in these circumstances, no mens rea to evade duty can be attributed to the appellants. In these circumstances, I find the imposition of penalty under Section 11AC of the Central Excise Act is not sustainable, hence set aside. The appeal is allowed.