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2014 (3) TMI 7 - AT - Central ExciseDefault in making Central Excise duty payment - Penalty under Rule 25 of the Central Excise Rules, 2002 - Default under Rule 8 - Held that:- there was no intention on the part of the respondent assessee to evade any payment of duty. It is only because of stringent financial condition, that the duty could not be paid in time and as soon as liquidity was available, duty was paid along with interest. The Tribunal has, therefore, rightly come to the conclusion that penalty could not be levied under Rule 25 of the Rules and for the alleged default, the penalty was restricted to Rs. 5,000/- in each matter under Rule 27 of the Rules - Following decision of Commissioner of Central Excise and Customs Vs. Saurashtra Cement Ltd. [2010 (9) TMI 422 - GUJARAT HIGH COURT] and Siyaram Packaging Pvt. Ltd. Vs. CCE, Daman [2013 (4) TMI 382 - CESTAT AHMEDABAD] - Decided partly in favour of assessee.
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