2013 (11) TMI 695

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....High Court as also by Hon'ble Supreme Court, I proceed to decide the appeal itself with the consent of both the sides. 2. As per facts on record respondents delayed the payment of duty in terms of provision of Rule 8 of the Central Excise Rule 8(1) of 2002. Subsequently the entire duty were paid by them after a long period with interest. In the said circumstances, Revenue initiated proceedings against the respondent, which culminated into passing of an order by the original adjudicating authority confiscating the goods already cleared with redemption fine of Rs. 4.5 lakh and imposed penalty of Rs. 5000/- on M/s. Byte Communication Pvt. Ltd. and Rs. 9 lakh on Shri Arvind Narula Managing Director of the Company. 3. On appeal against the....

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....an, 2007   14th Feb, 2008 6th Dec, 2008 Feb-08   1,97,023/-   32,469/-   15th March, 2007   14th April, 2008 6th Dec, 2008 May-08   5,22,334/-   98,977/-   15th June, 2008 15th July, 2008 6th Dec, 2008 June-08   20,25,841/-   2,92,127/-   15th July, 2008   14th Aug, 2008 6th Dec, 2008 Aug-08   1,65,388/-   23,849/-   15th Sept, 2008 15th Oct, 2008 6th Dec, 2008 Sept-08   3,02,990/-   43,691/-   15th Oct, 2008   14th Nov, 2008 6th Dec, 2008 Nov-08   2,02,739/-   29,235/- ....

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.... non-payment and late payment of duty. 4. Revenue is in appeal against the above order for imposition of redemption fine for confiscated goods. 5. After hearing both the sides I find that there is no dispute that the respondent was clearing their final product on the basis of the invoices issue by them. As such, the duty liability stands duly cover on the record and it was not a clandestine removal. The only lapse on the part of the assessee was not to deposit the dues within a period in terms of the provision of Rule 8(1) of Central Excise Rule. The said lapse stand admitted by the respondent and the duty was subsequent paid along with interest. Payment of interest is admittedly penal in action and is in the nature of compensation fo....