<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (3) TMI 327 - CESTAT MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=356624</link>
    <description>Delayed excise duty disclosed in the ER-1 return and paid with interest was treated as a payment default, not as suppression or intent to evade duty, so penalties under Rule 25 against the company and Rule 26 against the director were not sustainable. The same delayed payment nevertheless constituted a technical contravention of the rules, which justified a limited penalty under Rule 27 on the company. The director was granted complete relief. The governing principle was that belated payment accompanied by disclosure and interest defeats evasion-based penalties, while a reduced penalty may still apply for the underlying non-compliance.</description>
    <language>en-us</language>
    <pubDate>Fri, 17 Nov 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 09 Mar 2018 06:49:03 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=511883" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (3) TMI 327 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=356624</link>
      <description>Delayed excise duty disclosed in the ER-1 return and paid with interest was treated as a payment default, not as suppression or intent to evade duty, so penalties under Rule 25 against the company and Rule 26 against the director were not sustainable. The same delayed payment nevertheless constituted a technical contravention of the rules, which justified a limited penalty under Rule 27 on the company. The director was granted complete relief. The governing principle was that belated payment accompanied by disclosure and interest defeats evasion-based penalties, while a reduced penalty may still apply for the underlying non-compliance.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 17 Nov 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=356624</guid>
    </item>
  </channel>
</rss>