2006 (8) TMI 196

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....E.A. No. 78 of 2005, which arise out of the same order of the Customs, Excise and Service Tax Appellate Tribunal dated 8-10-2004. 2. The assessee was governed by 'Compounded Levy Scheme' under Section 3-A of the Central Excise Act, 1944 read with relevant rules i.e. Central Excise Rules, 1944 (for short, "1944 Rules"). The excise duty was determined for the furnace in question. The assessee conte....

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....ibunal. 4. The revenue has filed C.E.A. No. 78 of 2005 to submit that since Rule 96ZP(3) of the 1994 Rules provides for penalty equal to the amount of duty, the assessee having delayed the payment of duty due without there being any stay, reduction of penalty to 50% was not called for. 5. On the other hand, the assessee has preferred C.E.A No. 64 of 2005 to contend that no penalty whatsoever sho....