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2021 (12) TMI 72 - AT - Central ExciseRejection of refund of the amount of penalty deposited - penalty was imposed under Rule 173Q of Central Excise Rules, 1944 - HELD THAT:- It is admitted fact on record that the Hon’ble Supreme Court in the case of Hans Steel Rolling Mills [2011 (3) TMI 2 - SUPREME COURT] has held that penalty under Rule 173Q is not imposable where an assessee is operating under the ‘compound levy scheme’ which is a complete code in itself. The order of Hon’ble Supreme Court is binding on all sub-ordinate Courts including the Adjudicating Authority (under the taxation law) as provided in Article 141 of the Constitution of India. The observation of the Commissioner (Appeals) for denying the refund for amount of penalty under Rule 173Q, is erroneous and bad - the impugned order-in-appeal is modified and penalty of ₹ 25,000/- deposited under the provisions of Rule 173Q is held refundable - Appeal allowed - decided in favor of appellant.
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