Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 347 - AT - Central ExciseWaiver of Pre-deposit - Penalty under Rule 25 of CE Rules 2002 – Default in Payment of duty as per Rule 8(3A) of the CE Rules – Held that:- Following CCE & Cus. vs. Saurashtra Cement Limited [2010 (9) TMI 422 - GUJARAT HIGH COURT] - There was no intention on the part of the 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 appellant has prima facie made out a case for complete waiver of the amount of penalty - there shall be stay on recovery of penalty till the disposal of appeal – Stay granted.
|