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2014 (4) TMI 913 - HC - Central ExciseDuty demand - Option given under Rule 96ZO(3) - whether the Assessing Authority can exercise the discretion to levy the lesser amount of penalty than the amount provided under Rule 96 ZO(3) - Held that:- The validity of Rule 96 ZO is not under consideration before us. The default is also not in dispute. Admittedly, the appellant has not deposited the amount within the specified period and has deposited the amount along with the interest beyond the specified period, therefore, the appellant is liable for the penalty under Rule 96 ZO(3). The Assistant Commissioner has levied the penalty at Rs.20,000/-. - wherein it has been held that Rule 96(ZO(3) provides the levy of equal amount of penalty to the duty short paid/unpaid and authority has no discretion to impose the penalty lower than the amount of duty involved - Decided against assessee.
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