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of <h1>Gujarat HC: Penalty Invalid under Rule 96ZQ(5)(ii) - Assessee Wins Appeal</h1> The Gujarat HC allowed the tax appeal, ruling that penalty cannot be imposed under Rule 96ZQ(5)(ii) of the Central Excise Rules, 1944 as the rule was ... Compounded levy scheme – 50% duty not paid by 15th of the month - Held that:- Questions are no longer res integra as the Division Bench of this Court in Krishna Processing v. Union of India, [2012 (11) TMI 954 - GUJARAT HIGH COURT] has held that Rule 96ZQ(5)(ii) was invalid. Since the Rule has been held to be invalid by a Division Bench, therefore, under this provision, penalty cannot be levied against the assessee - Decided in favour of assessee. The Gujarat High Court allowed the tax appeal, stating that penalty cannot be imposed under Rule 96ZQ(5)(ii) of the Central Excise Rules, 1944 as the rule was held invalid in a previous case. The appeal was allowed in favor of the assessee and against the Revenue.
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