CCE Vs. ADHUNIK ALLOYS PVT. LTD.

JUDGEMENT

(1.) THE Revenue filed this appeal against order of the Commissioner (Appeals), whereby penalty and interest were set -aside.

(2.) THE relevant facts of the case in brief are that the respondent are engaged in the manufacture of non -Alloy steel ingots and Alloy steel ingots classifiable under sub -heading Nos. 7206.90 and 7224.00 of the schedule to the Central Excise Tariff Act, 1985.

(3.) THE respondent failed to pay duty within the stipulated period, under Rule 8 of Central Excise Rules, 2002. Show cause notice dated 15.10.2004 was issued proposing for imposition of penalty under Rule 26 of the Central Excise Rules, 2002 alongwith interest. The adjudicating authority imposed penalty under Rule 26 of the Central Excise Rules and payment of interest @ Rs. 1,000/ - per day for default under Rule 8 of the Rules. Commissioner (Appeals) set -aside the penalty and interest because the respondent deposited the duty before issue of show cause notice. Revenue filed this appeal against the order of the Commissioner (Appeals).