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2013 (12) TMI 1144 - AT - Central ExciseWaiver of Pre-deposit of Penalty under Rule 26 - Documents issued for availment of cenvat credit without payment of the inputs – Held that:- The issue needs deeper consideration from the Bench as it is on record that appellant has issued invoices and there was no movement of goods - The first appellate authority has already considered all the arguments and reduced the penalties - penalty under Rule 209A of the Central Excise Rules, 1944, which is pari-materia to Rule 26 of the Central Excise Rules, 2002, cannot be invoked for imposing of penalty on the Company – all these aspects can be considered at the time of final disposal of the appeal – Assessee directed to submit Rupees fifty thousand as pre-deposit – upon such submission rest of the duty to be stayed till the disposal – Partial stay granted.
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