TMI Blog2016 (11) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Excise Rules, 2002 - Held that: - It is an admitted fact that the appellant had defaulted in making payment of Central Excise duty within the stipulated time frame prescribed under Rule 8 of the Central Excise Rules, 2002. It is also an admitted fact that the entire duty liability confirmed in the impugned order was paid by the appellant, partly from its cenvat account and partly from the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay interest for delayed payment of Central Excise duty. Thus, the interest liability is confirmed. Considering the overall facts and circumstances of the case, we are of the view that the penalty of ₹ 25,00,000/- imposed in the adjudication order is in the higher side and in the interest of justice, we reduce the penalty to ₹ 1,00,000/- - appeal disposed off - decided partly in favor o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n terms of Rule 8(3A) of the Central Excise Rules, 2002, the Ld. Commissioner of Central Excise and Customs, Bhopal vide impugned order dated 13.02.2009 has confirmed the Central Excise duty demand of ₹ 1,77,46,237/- along with interest and also imposed penalty of ₹ 25,00,000/-. Feeling aggrieved with the impugned order, the appellant has preferred the present appeal before this Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of Hon ble Gujarat High Court in the case of Indsur Global Ltd. vs UOI [2014 (310) ELT 833 (Guj.)]. 3. On the other hand, the Ld. DR appearing for the Respondent reiterated the findings recorded in the impugned order. 4. We have heard the Ld. Counsel for both the sides and perused the records. 5. It is an admitted fact that the appellant had defaulted in making payment of Central E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cific provisions exist in the Central Excise Rules, providing for relaxation from payment of interest in any circumstances. Therefore, in absence of any specific provisions, we are of the considered opinion that the appellant is liable to pay interest for delayed payment of Central Excise duty. Thus, the interest liability is confirmed. Considering the overall facts and circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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