2012 (8) TMI 471

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..... f the case are that the appellants being an assessee of central excise has not paid the excise duty due to financial crisis during the period January, 2009 to March, 2009. The return for the period January, 2009 to June, 2009, was also filed belatedly in June, 2009 and later on they have paid the duty also along with interest. As the appellants have failed in making the payment of duty in time, th .....

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..... of Rs. Two lakhs, which has been paid already. Although it is not a case of fraud, collusion, suppression of material facts or willful mis-statements or contravention of provisions of the Act or Rule with an intention to evade payment of duty. It is only a procedural lapse for which penalty under Rule 11AC is not warranted, however in terms of Rule 27 a penalty can be imposed. The Ld. Advocate rel .....

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..... n they filed the return and thereafter they made the payment of entire amount of duty along with interest. In that situation, as held by this Tribunal in the case of Condor Power Products Pvt. Ltd. (supra), I am of the view that the penalty is not imposable. Therefore, I drop the penalty under Section 11AC of the Act, but, as the appellant has contravened the provisions of law, they are liable to .....

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