2006 (6) TMI 411

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..... These appeals are filed by the department against order in appeal dated 13-7-04 which reduced the penalty imposed on the respondents under Rule 96ZO(3) of the Central Excise Rules, 1944. 2. The learned DR submits that the provisions of Rule 96ZO(3) of Central Excise Rules 1944 would on plain reading, indicate that the amount of penalty that has to be imposed under the said rules is the pena .....

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..... n decided by the Division Bench vide their Final Order No. 320-21/2005 dated 1-4-2005, wherein the Tribunal held as under :- The Hon ble Allahabad High Court in the case of M/s PEE AAR Steels (P) Ltd. 2004 (170) E.L.T. 406 (All.) has also upheld that penalty equal to the amount of duty outstanding is imposable in case of failure to pay duty by the 10th of the month under the provisions of rule .....

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