9911796707
TMI Blog2011 (3) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... unt in cash alongwith interest and equivalent penalty - the Tribunal in the case of Saurashtra Cement [2008 -TMI - 90327 - CESTAT, AHMEDABAD] and it was observed that where the goods are cleared under the cover of invoices and the only default is delay in payment of duty, the Provisions of Rule 27 would get attracted which provide for a maximum penalty of Rs. 5,000/-Accordingly, penalty is reduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which was not allowable in terms of the provisions of Rule 8(3A) of Central Excise Rules, 2002. The duty of goods in question was paid from the cenvat account. Therefore a show cause notice was issued and the same was adjudicated vide the impugned order wherein the adjudicating authority confirmed the demand of duty of Rs.1,67,879/- to be paid from current account in cash alongwith interest and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of the Tribunal wherein it was held that for default in payment of duty of fortnightly basis, the provisions of Rule 27 get attracted instead of the provisions of Rule 25 of Central Excise Rules. As such, submits the learned advocate that imposition of penalty of Rs.1 lakh in terms of the provisions of Rule 25 is not justified. In as much as provisions of Rule 27 provide for maximum penalty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt with an intent to evade payment of duty. An identical issue was considered by the Tribunal in the case of Saurashtra Cement [2008 (225) E.L.T. 395 (Tri. - Ahmd.)] and it was observed that where the goods are cleared under the cover of invoices and the only default is delay in payment of duty, the Provisions of Rule 27 would get attracted which provide for a maximum penalty of Rs. 5,000/-. To th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
