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2013 (6) TMI 83 - HC - Central ExciseDefault in payment of duty - penalty - mandatory requirement to pay in Cash - restriction on utilization of credit - Rule 8(3) - held that:- There is a clear contravention of sub-rule (4) of Rule (8) of the Rules. However, in the facts of the present case, resort could not have been made to Rule 25 of the Rules. The relevant rule would be Rule 27 of the Rules, which makes provision for “General penalty” under which the maximum penalty is five thousand rupees. Having regard to the facts and circumstances of the case, after this length of time, considering the smallness of the amount involved, even while answering the question in the affirmative, that is in favour of the revenue and against the assessee, this court does not deem it fit to disturb the order passed by the Tribunal. - Decided against the revenue.
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