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2016 (9) TMI 1113 - CESTAT HYDERABAD

2016 (9) TMI 1113 - CESTAT HYDERABAD - TMI - Imposition of penalty - Rule 25 of Central Excise Rules, 2004 - contravention of Rule 8(3A) of the Central Excise Rules, 2004 - duty liability for the month of July, 2010 and August 2010 were paid with delay ie. beyond the period of 30 days - acute financial constraints - Held that:- in view of the judgment of Hon'ble High Court of Gujarat in the case of Indsur Global Ltd Vs UOI [2014 (12) TMI 585 - GUJARAT HIGH COURT] which has struck down the said R .....

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penalty under Rule 25 of Central Excise Rules, 2004 for the contravention of Rule 8(3A) of the Central Excise Rules, 2004. 2. The appellants are manufacturers of RBE panel board and are registered with Central Excise Department. It is their case that due to acute financial constraints the duty liability for the month of July, 2010 and August 2010 were paid with delay ie. beyond the period of 30 days from due date stipulated under Rule 8 of Central Excise Rules. Thus as per Rule 8(3A) for cleara .....

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