2004 (9) TMI 155

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....only) on M/s. BILT under Rule 173Q of the erstwhile Central Excise Rules, 1944 as enforceable in terms of Section 38A of the Central Excise Act, 1944. The amount of duty mentioned in the above order is the total of the duty amounts paid from PLA from time to time, each payment having been made by cheque. The cheque was presented to the bankers of Central Government on the due date of payment and the corresponding credit was taken by the assessee in their PLA on the same date. But the amount got credited to the Revenue's account only on the next date. This was considered as a delayed payment and, on that basis, the adjudicating authority has visited the assessee with a penalty of Rs. 40 lakhs under Rule 173Q of the Central Excise Rules, 1....

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....bay High Court's decision in Vidushi Wires Pvt. Ltd. v. Union of India [2003 (156) E.L.T. 168 (Bom.)], wherein an assessee availing the fortnightly facility of payment of duty was held to have defaulted payment of duty as the amount covered by the cheque presented by them to the Government's bankers was credited to the exchequer after the due date of payment. 4. We have considered the submissions and the case law cited. The impugned penalty is on account of alleged delay in payment of duty. The question before us is whether actually there was delay in payment of duty. The amount of duty mentioned in the impugned order is the total of the payments made from time to time by the assessee. One instance of such payment is evidenced by a TR-6 ....