Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2009 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (8) TMI 223 - HC - Central ExciseAssessee-respondent committed default in payment of duty liability – the Adjudicating Authority ordered forfeiture of the liability of payment of duty on monthly basis, which was available to the assessee-respondent under Rule 8(1) of the Rules, for a period of two months - Commissioner (Appeals) on the ground that the default in discharge of duty was caused due to the fact that the assessee-respondent company was declared as a sick unit by the BIFR and it has been facing grave financial crisis. Commissioner (Appeals) came to the conclusion that the order passed by the Adjudicating Authority was too harsh and reduced the period of forfeiture from two months to three weeks - the assessee-respondent(s) have paid the substantial duty in time and the balance has also been paid with interest. Therefore, hardly any loss has been caused to the Revenue. We see no ground to interfere with the order passed by the Tribunal - Commissioner (Appeals) has rightly reduced the period of forfeiture facility – Tribunal rightly confirmed the order of Commissioner – Revenue’s appeal is dismissed
|