Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 947 - AT - Central ExciseDuty demand - Annual Capacity Determination Rules - Penalty under Rule 96ZQ(5) of Central Excise Rule, 1944 - Held that:- According to the decision of the Hon’ble High Court of Gujarat in the case of Krishna Processors [2012 (11) TMI 954 - GUJARAT HIGH COURT] Rule 96ZQ(5)(ii) is ultra-virus and, therefore, no penalty can be imposed for default in payment. Therefore, penalties imposed on the Appellant for default during the period from May, 1999 to July, 1999 cannot be sustained and have to be set aside. Hence the impugned order is set aside resulting in setting aside the penalty imposed. As regards second appeal filed by the Appellants against appropriation of the amount sanctioned as refund towards penalty, appropriation of refund of penalty towards penalty is set aside - Decided in favour of assessee.
|