9911796707
TMI Blog2008 (7) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... y, short levied duty was reportedly paid along with interest at applicable rates (which are higher than the prevailing market interest) - no mens rea on part of assessee - held that penalty prescribed u/r 96ZO has to be considered as maximum and discretionary - reduction of penalty is justified - E/5004/2004 - 502/2008-EX/(PB), - Dated:- 11-7-2008 - Ms. Archana Wadhwa, Member (J) and Shri M. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed that the actual production in their factory was 8279.725 MT only and that they were eligible to pay the duty based on actual production under Section 3A(4) of the Central Excise Act, 1944 paying duty on such basis during the disputed period namely 98-99. (c) The various manufacturers have been disputing the manner of determination of duty liability and the matter got finally disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 2 lakhs. 4. Learned DR submits that the order of the Commissioner reducing the penalty to Rs. 2.5 lakhs is contrary to specific provision of the law. Learned DR relies on the decision of the Hon'ble High Court of Allahabad in the case of Pee Aar Steels (P) Ltd. v. CCE, Meerut reported in 2004 (170) E.L.T. 406 (All.). 5. Learned Advocate for the respondent relies on the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed to be of penal in nature being substantially higher than the prevailing market interest). In the facts and circumstances of this case, no mens rea could be attributed. The decision of the Hon'ble High Court of Punjab and Haryana in the case of K.C. Alloys and Steel Castings - 2006 (206) E.L.T. 1183 (P H) wherein it has been held that penalty prescribed under Rule 96ZO has to be considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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