2012 (6) TMI 146 - AT - Central Excise

Penalty under Rule 25 of Central Excise Rules, 2002 - delay in payment of excise duty - CCE & C vs. Saurashtra Cement Ltd 2010 (9) TMI 422 (HC) - Held that - To resolve the controversy and to enable the appellant to have an opportunity to satisfy the adjudicating authority as to whether stringent financial condition was there the matter is remanded back to him for fair hearing and to pass a reasoned and speaking order.

Summary

The Appellate Tribunal CESTAT, New Delhi remanded the case back to the adjudicating authority for fair hearing and a reasoned order regarding penalty for delay in payment of excise duty. The authority should consider the judgment of the Hon'ble High Court of Gujarat in the case of CCE & C vs. Saurashtra Cement Ltd. Appeal remanded for re-adjudication.