2011 (4) TMI 148 - AT - Central Excise

EOU - Demand of duty - Imposition of penalty together with interest As per the provisions of amendment vide Notification No. 35/02 dated 24.06.02 to Notification No. 1/95-CE , assessee is liable to pay duty only and not penalty along with interest

Summary

The Appellate Tribunal CESTAT, Chennai upheld duty demand on an assessee for transferring HSD oil without payment of duty, contrary to Notification No. 1/95-CE. The Tribunal rejected the appeal stating that the permission granted was withdrawn and the Notification was amended w.e.f. 24.06.02. Duty demand of Rs. 28,483/- confirmed with interest and penalty of Rs. 500/- imposed.