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2016 (8) TMI 1247 - HC - Central ExciseWhether the order passed by the Tribunal in imposing the penalty is correct in law when there is a bona fide belief when Section 3A read with Rule 96ZP3(ii) of the Central Excise Rules were ultra vires? - Held that: - considering the judgment of Hon’ble the Supreme Court in Shree Bhagwati Steel Rolling Mills’s case [2015 (11) TMI 1172 - SUPREME COURT], wherein, the provisions of Rules 96ZO, 96ZP and 96ZQ of the Rules have been held to be ultra vires with reference to levy of interest and penalty only, in our view, interest and penalty levied on the appellant under the aforesaid provisions, cannot be sustained - appeal allowed - decided in favor of appellant.
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