Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2015 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 344 - MADRAS HIGH COURTPenalty under Section 96ZP(3) - Whether the Commissioner (Appeals) and the Appellate Tribunal are right in reducing the penalty from ₹ 37,818/= to ₹ 5,000/= when the said penalty was imposed in accordance with Rule 96 ZP (3) of the Central Excise Rules, 1944, which is mandatory by law, when the respondent has committed default in payment of duty - Held that:- Issue stands covered by the decision of the Supreme Court in Commissioner of Customs & Central Excise, Coimbatore Vs Kannapiran Steel Re-Rolling Mills (2010 (12) TMI 146 - SUPREME COURT OF INDIA), wherein the Supreme Court has considered identical question of reduction of penalty imposed under Rule 96 ZP (3) of the Central Excise Rules - substantial questions of law are answered in favour of the Revenue and against the assessee. Accordingly, the order of the Tribunal stands set aside - Decided in favour of Revenue.
|