TMI Blog2018 (11) TMI 906X X X X Extracts X X X X X X X X Extracts X X X X ..... ead down by the Hon’ble High Court of Gujarat and hence the demand is not sustainable - Held that:- The judgment of the Hon’ble High Court in the case of Indsur Global Ltd. has been appealed against and has been stayed by the Hon’ble Apex Court as reported at [2014 (11) TMI 1101 - SUPREME COURT] - The stay granted by the Hon’ble Apex Court leaves me with no option was to hold that the ratio of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . As the delay in payment of Central Excise duty for the months of March and April 2013 is beyond the grace period of 30 days the assessee /appellant is required to clear the goods from 01.05.2013 onwards consignment wise in terms of provisions of Rule 8 (3A) of Central Excise Rules, 2002. Accordingly, a show cause notice was issued proposing confiscation of the goods so removed under Rule 25(1)(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... violation of Rule 8(3A) of the Central Excise Rules, 2002. He would submit that these Rule 8(3A) of Central Excise Rules 2002, has been read down by the Hon ble High Court of Gujarat in the case of Indsur Global Ltd., Vs. Union of India [2014 (12) TMI 585 - Gujarat High Court ]. Relying on this judgment of Hon ble High Court of Gujarat, the following orders were passed including one by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inst and has been stayed by the Hon ble Apex Court as reported at [2016 (335) ELT A109 (S.C.)]. Therefore, the ratio of the judgment of the Hon ble High Court of Gujarat does not apply any longer. He also submits that in the case laws which were cited including the decision by the CESTAT-Hyderabad Bench in the case of M/s Sri Durga Packing Industries the fact that the Hon ble Apex Court has stay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought to the notice of the bench in other cases relied upon by the Learned Counsel. The stay granted by the Hon ble Apex Court leaves me with no option was to hold that the ratio of the judgment of the Hon ble High Court does not apply. However, considering overall facts of the case, I find it is fair to reduce the penalty imposed on the appellant under Rule 25 from ₹ 50,000/- to ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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