2010 (8) TMI 321

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..... ect from 23-7-1996, would not have any retrospective effect. However, the said Rules would be prospectively applicable to the case of the assessee. This Court in the case of Commissioner of Central Excise and Customs, Raigad v. Fibre Foils Ltd. [2009 -TMI - 35270 - BOMBAY HIGH COURT] has held that penalty under Rule 57-I(4) is mandatory. In these circumstances, the Tribunal was not justified in de .....

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..... hole of the penalty can be held to be non-sustainable? (C) Whether the Hon'ble Tribunal has erred in allowing respondent No. 2's appeal in respect of penalty on them under Rule 173Q of the erstwhile Central Excise Rules, 1944, particularly if the respondent No. 2 does not dispute duty liability of Rs. 2,63,509/- by way of reversal credit and the Tribunal has upheld the duty liability? 3.&em .....

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..... er Rules 57-I(4) and 57-I(5) of the Central Excise Rules, 1944. On appeal filed by the respondent-assessee, the Commissioner of Central Excise upheld the order of the Assessing Officer. On further appeal, the Tribunal by the impugned order, deleted the interest and penalty solely on the ground that Rules 57-I(4) and 57-I(5) of the Central Excise Rules, 1944 were introduced by Notification No. 14 o .....

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