CCE Vs. SUNSHINE STEEL CORPORATION

JUDGEMENT

(1.) Revenue filed this appeal against the order -in -appeal whereby penalty imposed under Rule 96ZP(3) of Central Excise Rules was set aside as time -barred.

(2.) THE brief facts of the case are that the respondents are engaged in the manufacture of hot re -rolled products and they opted to pay duty under the Compounded Levy Scheme. The annual capacity of the mill was determined by the Commissioner of Central Excise and respondents were required to pay the duty determined the appellant liable to pay duty of a particular month by 10th day of each month.

(3.) SHOW -cause notice was issued for imposition of penalty under Rule 96ZP(3) of Central Excise Rules. The adjudicating authority imposed penalty of equal amount to the amount of duty not deposited within the stipulated time period. The Commissioner (Appeals) on appeal filed by the respondent set aside the imposition of penalty as time -barred.