2007 (4) TMI 585

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n, Advocate, for the Appellant. Shri Samir Chitkara, SDR, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - These three appeals by the same assessee relate to a common issue and arise out of the same order-in-appeal No. YPP/65 to 67/SRT/2002 dated 10-1-2003. The assessee, a processor of fabrics, was working under the Compounded Levy Scheme and have made payments after the due ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....03, the appellant was required to pay a sum of Rs. 3,67,000/- by end of June, 99 and he paid the same after a delay of one day. The original authority imposed a penalty of Rs. 3,67,000/- which was reduced to Rs. 36,700/- by the Commissioner (Appeals). (c)     In the case of Appeal No. E/975/03, the appellant was required to pay a sum of Rs. 6,00,000/- by 15th of April, 99 an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....efully considered the submission by both sides. The Hon'ble Gujarat High Court in the case of Parmeshwar Dyeing & Printing Mills Pvt. Ltd. v. Union of India - 2005 (191) E.L.T. 86 (Guj), has held, in similar circumstances, that imposition of penalty equal to the duty outstanding is not warranted and it should be commensurate with the gain, if any, made by the party. 7. We find that there i....