2005 (9) TMI 119

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..... lant-revenue : "1. Whether in the facts and circumstances of the case, Rule 96-Q(5) of the Central Excise Rules, 1944 provides for if an independent process fails to pay the amount of duty or any part thereof by the date specified in sub-rule (3), he shall be liable to i. pay the outstanding amount of duty along with interest at the rate of thirty six per cent per annum calculated for the outs .....

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..... elateable to different periods. The respondent-assessee carried the matter in appeal before the Commissioner (Appeals) who, by his order dated 31 March, 2003, reduced the penalties in relation to the first order from Rs. 9,00,000/- to Rs. 2,70,000/- and in the second case from Rs. 3,00,000/- to Rs. 1,50,000/-. The assessee carried the matter in Second Appeal before the Tribunal who reduced the pen .....

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..... ity for reducing the amount of penalty levied does not merit acceptance. Even otherwise, on facts, it is apparent from the impugned order of the Tribunal that it has appreciated the evidence on record and found on facts that the penalties were excessive in light of the findings of fact recorded by it. 6. In the result, in absence of any substantial question of law, the appeal is dismissed. .....

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