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TMI Blog2013 (10) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee to evade any payment of duty - It is only because of stringent financial condition, that the duty could not be paid in time and as soon as liquidity was available, duty was paid along with interest - the appellant has prima facie made out a case for complete waiver of the amount of penalty - there shall be stay on recovery of penalty till the disposal of appeal – Stay granted. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... annot be considered as case of fraud, suppression or wilful misstatement with intent to evade Central Excise duty where the provisions of Section 11AC are not attracted. Therefore, in view of the Gujarat High Court judgment, penalty under Rule 25 of the Central Excise Rules cannot be imposed and accordingly the stay may be granted. 4. Shri K.J. Kinariwalla (A.R.) argued that as per the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid in time and as soon as liquidity was available, duty was paid along with interest. The Tribunal has, therefore, rightly come to the conclusion that penalty could not be levied under Rule 25 of the Rules and for the alleged default, the penalty was restricted to Rs. 5,000/- in each matter under Rule 27 of the Rules. We, therefore, hold that no question of law, much less any substantial questio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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