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2016 (11) TMI 933 - CESTAT HYDERABADStock transfer - short payment of duty - Held that: - I agree with the arguments put forward by the learned counsel for the appellant referring to the various dates of payment made as per Annexure Il of the show-cause notice. It is seen that the appellant has made payment of ₹ 4,41,539/- in the month of July and the balance of ₹ 54,25,181/- in the end of the very same month. It has also to be mentioned that the re-transfer of the capital goods took place in the very same month by which the liability to pay duty/reverse the credit availed arose on the appellant. From the records, it is revealed that there has been neither suppression nor delay on the part of the appellant in making the payments. In such circumstances, the imposition of penalty under Section 11AC by alleging fraud, suppression etc. is totally unjustified. In view thereof, I hold that the impugned order imposing penalty is unsustainable - appeal allowed - decided in favor of appellant.
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