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Central Excise - Highlights / Catch Notes

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Levy of penalty under Rule 12 (6) of Central Excise Rules - late ...


Penalty u/r 12(6) for Late ER-1 Returns Deemed Invalid Post-GST Implementation; Order Found Legally Unsound.

May 20, 2022

Case Laws     Central Excise     AT

Levy of penalty under Rule 12 (6) of Central Excise Rules - late filing of Returns (ER-1) for the period July, 2017 to February, 2018 - There is no saving Clause in the said Section, for initiating and imposing penalty for none filing of the returns (ER-1), once the provisions of GST have been imposed w.e.f. 1st July, 2017. Accordingly, the show cause notice in misconceived and the impugned order have been erroneously passed, having no sanctity in law. - AT

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