(4)Where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, by the reason of(a)fraud; or(b)collusion; or(c)any wilful misstatement; or(d)suppression of facts; or(e)contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty,by any person chargeable with the duty, the Central Excise Officer shall, within five years from the relevant date, serve notice on such person requiring him to show cause why he should not pay the amount specified in the notice along with interest payable thereon under Section 11-AA and a penalty equivalent to the duty specified in the notice.
