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2011 (6) TMI 41 - AT - Central ExcisePenalty - Delayed payment of duty - Rule 96ZQ(5)(ii)- The issue of imposition of penalty under Rule 96ZQ(5)(ii) is dependent upon the outcome of a writ petition pending before various High Courts on the vires of the said rule in question - Accordingly set aside the impugned order in so far as the same relates to penalty and remand the matter to original adjudicating authority for de-novo proceedings, after taking note of outcome of Hon ble High Court of Gujarat decision involving the issue of vires of Rule 96ZQ(5).
Issues Involved:
1. Penalty imposed for delayed payment of duty under Rule 96ZQ(5)(ii). Analysis: The judgment deals with the issue of penalty imposed for delayed payment of duty under Rule 96ZQ(5)(ii). The Appellate Tribunal, after considering previous decisions and the declaration of law by the Hon'ble High Court, remanded the matter to the original adjudicating authority. The Tribunal referred to cases such as UoI Vs. Dharmendra Textile Processors and UoI Vs. Krishna Processors to establish the legal context. The Tribunal highlighted that the imposition of penalty under Rule 96ZQ(5)(ii) is dependent on the outcome of a writ petition pending before various High Courts regarding the vires of the rule. Consequently, the Tribunal set aside the penalty-related part of the order and remanded the matter for fresh decision post the High Court's ruling on the vires of the rule. In conclusion, the Tribunal followed the precedent set by previous decisions and remanded the issue of penalty imposition under Rule 96ZQ(5)(ii) for de-novo proceedings by the original adjudicating authority. The decision was made in consideration of the pending writ petition on the vires of the rule before the High Courts. The Tribunal emphasized that the assessee has the liberty to contest the case on merits after the fresh decision is made. The appeal filed by the Revenue was disposed of accordingly, following the legal principles and awaiting the High Court's decision on the rule's vires.
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