2016 (10) TMI 1090 - HC - Central Excise

Penalty - Rule 96ZQ(5)(ii) of the Central Excise Rules 1944 - Held that - The penalty levied under Rule 96ZQ(5)(ii) of the Central Excise Rules 1944 cannot survive once the Rule itself has been struck down by the Hon ble Supreme Court of India. It is conceded therefore that the Revenue s appeal would have to be dismissed - decided against Revenue.

Summary

The High Court of Bombay dismissed the appeal as the penalty levied under Rule 96ZQ(5)(ii) of the Central Excise Rules, 1944 cannot stand after being struck down by the Supreme Court of India in the case of M/s. Shree Bhagwati Steel Rolling Mills v. The Commissioner of Central Excise (2015).