2009 (5) TMI 516 - HC - Central Excise

Penalty- Whether penalty for the delayed deposit of duty for the month of April could be dropped of the ground that penal clause was inserted with effect from 1st May, 1998 when duty for April, 1998 was itself payable uptil 1st May, 1998? Held that- the notification has been made effective from 1-5-1998 and in respect of the earlier period no penalty under Rule 96ZO(3) could be charged. There is thus no merit in this appeal as no substantive question of law warranting its admission would arise. Accordingly, the appeal fails and the same is dismissed.

Summary

The High Court dismissed the Revenue's appeal under Section 35G of the Central Excise Act, 1944. The appeal questioned the imposition of penalty for delayed duty payment in April 1998. The Court upheld the dropping of penalty for April 1998 as the penal clause was introduced from May 1, 1998. The notification was effective from May 1, 1998, and no penalty could be charged for the earlier period under Rule 96ZO(3). The appeal was dismissed for lack of merit.