2012 (11) TMI 1011

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dditional Commissioner (AR), for the Respondent. ORDER The appeal and stay applications are directed against order-in-appeal No. BC/131/M-III/2012-13, dated 27-6-2012 passed by the Commissioner of Central Excise (Appeals), Mumbai. 2. The appellant, M/s. Steel & Wood, Vikhroli, Mumbai is a small scale unit engaged in manufacture of wood and steel furniture and the appellants discharged dut....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....me. 3. The ld. Counsel for the appellant submits that imposition of penalty on the duty paid belatedly is incorrect in law as Rule 8(3A) reads as follows : "If the assessee defaults in payment of duty by due date, he shall be liable to pay the outstanding amount along with interest at the rate prescribed in the said sub-rule (1) and sub-rule (4) of the Rule 3 of CENVAT credit Rules, 2004, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arises, the penalty would be leviable on the quantum of duty involved on the goods cleared on 1st & 2nd May and not on the duty pending to be paid and therefore, the imposition of penalty under Section 25 in the instant case is unsustainable in law. 5. The ld. DR appearing for the Revenue reiterates the findings of the lower appellate authority. 6. I have carefully considered the rival submi....