https://www.taxtmi.com/caselaws?id=449804 CESTAT Kolkata allowed the appeal against penalty imposed under Rule 25 of Central Excise Rules read with Section 11AC of Central Excise Act, 1944 for contravention of Rule 8(3A). The assessee cleared excisable goods using installment duty payment facility without consignment-wise payment from Account Current. The tribunal relied on precedents where Rule 8(3A) was declared ultra vires by various HCs including Calcutta HC. Since the assessee paid the defaulted duty with interest and no outstanding liability remained, and considering multiple HC decisions declaring Rule 8(3A) invalid, the penalty could not be sustained. en-us Fri, 19 Jan 2024 00:00:00 +0530 Tue, 20 Feb 2024 23:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449804 CESTAT Kolkata allowed the appeal against penalty imposed under Rule 25 of Central Excise Rules read with Section 11AC of Central Excise Act, 1944 for contravention of Rule 8(3A). The assessee cleared excisable goods using installment duty payment facility without consignment-wise payment from Account Current. The tribunal relied on precedents where Rule 8(3A) was declared ultra vires by various HCs including Calcutta HC. Since the assessee paid the defaulted duty with interest and no outstanding liability remained, and considering multiple HC decisions declaring Rule 8(3A) invalid, the penalty could not be sustained. Case-Laws Central Excise Fri, 19 Jan 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449804