2008 (4) TMI 302

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of the records, it is seen that the amount of cheques for which the credit was raised in the PLA was not dishonoured. The said amount was credited to the Government treasury albeit subsequently - imposition of penalty under Rule 173Q of CER not justified - E/1038/2001 and E/1468/2007-Mum - A/378-379/2008-WZB/C-II/(SMB), - Dated:- 11-4-2008 - Shri M.V. Ravindran, Member (J) Shri S.B. Awate, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appellants have availed credit on the date of the cheque when it was issued and not on the date of realization of the cheque. Show cause notice was issued for imposition of penalty under Rule 173Q of the Central Excise Rules, 1944. The appellants contested the show cause notice on the ground that there was a delay of only two to three days but there is no dishonouring of the cheque and the money .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... aised in the PLA was not dishonoured. The said amount was credited to the Government treasury albeit subsequently. As such, the issue involved in this case is squarely covered by the Division Bench decision of the Tribunal in the case of India Cements (supra). I may read the ratio: "8. We have carefully considered the submissions made by both sides. In the instant case, the penalties have been i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X