2009 (12) TMI 833

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.... ORDER This application filed by the assesee seeks waiver of pre-deposit and stay of recovery in respect of penalty of Rs. 2 lakhs imposed on them under Rule 8(3A) of the Central Excise Rules, 2002 read with Rule 25 of the said Rules. The entire amount of duty (over Rs.96 lakhs) was paid before issuance of show-cause notice. Interest on such duty was paid on 4-8-2008 after receipt of the notice.....

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....s whether it was open to him to impose penalty on the assessee under Rule 8(3A) of the Central Excise Rules read with Rule 25 of the said Rules. Rule 8(3A) provides inter alia for penalty on an assessee who defaults payment of duty beyond 30 days from the due date. This sub-rule says that such a defaulter shall pay duty for each consignment at the time of removal without utilising CENVAT credit ti....