https://www.taxtmi.com/caselaws?id=233734 Penalty under Rule 15(2) of the Cenvat Credit Rules read with Section 11AC of the Central Excise Act is not sustainable where the amount payable on clearance of scrapped capital goods under Rule 3(5A) is paid before the due date prescribed under Rule 8 of the Central Excise Rules. The amount was treated as duty for purposes of Rule 8 and became payable with the duty on finished goods by the 5th day of the next month. Since payment was made well before the due date, and non-debiting at the moment of clearance did not by itself show any intention to evade payment, penal consequences were held inapplicable. en-us Fri, 08 Mar 2013 00:00:00 +0530 Mon, 19 Aug 2013 14:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=233734 Penalty under Rule 15(2) of the Cenvat Credit Rules read with Section 11AC of the Central Excise Act is not sustainable where the amount payable on clearance of scrapped capital goods under Rule 3(5A) is paid before the due date prescribed under Rule 8 of the Central Excise Rules. The amount was treated as duty for purposes of Rule 8 and became payable with the duty on finished goods by the 5th day of the next month. Since payment was made well before the due date, and non-debiting at the moment of clearance did not by itself show any intention to evade payment, penal consequences were held inapplicable. Case-Laws Central Excise Fri, 08 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=233734