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Auro Oil Industries Versus Commissioner of Central Excise, Thane -II

2016 (2) TMI 680 - CESTAT MUMBAI

Penalty imposed under Rule 8(3A)for non-payment of interest - waiver of penalty involved under Rule 25 - Held that:- The only lapse on the part of appellant is that they paid duty on monthly basis. In my view, this act of the appellant attracts only .....

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de to the extent of imposition of penalty of ₹ 1,00,000/-. The interest demanded by the lower authority is maintained. - Appeal No. E/1050/10-Mum - A/85346/16/SMB - Dated:- 1-1-2016 - Ramesh Nair, Member (J) For the Appellant : None For the Res .....

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ated 05/03/2009 was upheld and the Appeal of the Appellant was rejected. 2. The issue involved in the present case is that whether penalty of ₹ 1,00,000/- imposed under Rule 8(3A) of Central Excise Rules, 2002 for non-payment of interest. The d .....

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s of the impugned order. He submits that there is no dispute that during the default period, the appellant have not paid the duty on consignment basis, therefore the delay in payment of duty. Hence the appellant was liable for penalty as they contrav .....

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ion of the said rule that regarding utilization of cenvat credit was stuck down by the Hon'ble High Court. However the provision of payment during the default period on consignment basis exists even after the said judgment. 5. I have carefully co .....

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