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2016 (8) TMI 238 - AT - Central ExciseImposition of penalty under rule 25 – payment of duty during the default period under Rule 8(3A) - Held that:- Utilization of cenvat credit for payment of duty during default period permissible. Gujarat High Court judgment in case of Indsur Global Ltd (2014 (12) TMI 585 - GUJARAT HIGH COURT) apply. As per the interpretation drawn by the Honble High court in the above judgment regarding the imposition of penalty under Rule 25, in the present case also it is not the case of non levy/ short levy, non payment/short payment of duty by suppression or willful mis-statement, fraud and collusion or contravention of any provision of this act or rule made with intent to evade payment of duty, therefore applying the ratio of this judgment appellant is not liable for penalty under Rule 25. - penalty set aside – decided in favor of appellant.
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