TMI Blog2011 (4) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... . She submits that the entire duty has since been paid - Therefore, no penalty is not imposable under Rule 25 of Central Excise Rules, 2002. Penalty under Rule 27 - It is only a case of delayed payment due to financial crisis as explained on behalf of the assessee, I hold that the penalty is imposable only under Rule 27 of the Central Excise Rules, 2002. - E/2294/08-SM - - - Dated:- 27-4-2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of passing of the impugned order (on 15.7.2008), the appellants have not paid interest on the delayed payment. 3. Learned Advocate for the appellants submits that the appellant is a company in small scale sector and due to acute financial crisis faced by them there was delay in part payment of duties for three months. She submits that the entire duty has since been paid. The interest amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not imposable under Rule 25 of Central Excise Rules, 2002. 4. Considering that this is only a case of delayed payment due to financial crisis as explained on behalf of the assessee, I hold that the penalty is imposable only under Rule 27 of the Central Excise Rules, 2002. I also find that the default relates three different months. Taking the entire facts and circumstances of the case into acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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