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TMI Blog2002 (1) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... applications. 2. By impugned order, the Commissioner has imposed penalty of Rs. 1 lakh under Rule 173Q of the Central Excise Rules on the first appellant, M/s. India Cements Ltd. and Rs. 10,000 on G.S. Naidu, Assistant General Manager of the Company. 3. After hearing for sometime, with reference to the stay applications filed by the applicants, we felt that the matter itself can be disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not dishonoured but duly realised. Goods were cleared on the basis of entries made in PLA after presentation of cheques. The Department had correspondence with the bank and found that the appellants did not have credit balance in the bank account. It was submitted by the Counsel that the cheques were duly realised on the basis of O.D facility and accordingly, the amount was credited to the Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r account current inspite of their declaration/undertaking given at the time of presenting cheques to maintain the same. As a result of the above, the goods were cleared from the factory on which the duty element is Rs. 1,35,41,878/-, contrary to the provisions as stated above. However, I consider the lapse as "delayed payment of duty" only as there is neither "evasion of duty" nor "intention to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the following decisions :- (1) Apex Steels (P) Ltd. v. CCE, Chandigarh - 1995 (80) E.L.T. 368 (T) (2) Sona Wires (P) Ltd. v. CCE, Raipur - 1996 (87) E.L.T. 439 (T) (3) Synthetics and Chemicals Ltd. v. CCE, Kanpur - 1997 (89) E.L.T. 793 (T) (4) In Re: Sahara Airlines Ltd. - 2000 (117) E.L.T. 802 (GOI) (5) Master Strips Pvt. Ltd. v. CCE, Bangalore - 2000 (117) E.L. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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