https://www.taxtmi.com/caselaws?id=53665 Penalty under Rule 96ZP(3) for failure to pay duty under the compounded levy scheme was held mandatory, so complete deletion of penalty by the Commissioner (Appeals) was unsustainable. As the duty liability had already been discharged and the validity of the scheme was pending before the Apex Court, the Tribunal moderated the quantum on the facts and sustained penalty at a reduced amount instead of setting it aside entirely. The order deleting the penalty was therefore modified in favour of Revenue, with penalty remaining payable. en-us Tue, 30 Nov 2004 00:00:00 +0530 Thu, 14 Oct 2010 15:14:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=53665 Penalty under Rule 96ZP(3) for failure to pay duty under the compounded levy scheme was held mandatory, so complete deletion of penalty by the Commissioner (Appeals) was unsustainable. As the duty liability had already been discharged and the validity of the scheme was pending before the Apex Court, the Tribunal moderated the quantum on the facts and sustained penalty at a reduced amount instead of setting it aside entirely. The order deleting the penalty was therefore modified in favour of Revenue, with penalty remaining payable. Case-Laws Central Excise Tue, 30 Nov 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=53665