LAWS(CE)-2005-2-256

PARANJAPE AUTO CAST PVT. LTD. Vs. CCE

Decided On February 02, 2005
Paranjape Auto Cast Pvt. Ltd. Appellant
V/S
CCE Respondents

JUDGEMENT

(1.) THE appellants herein do not challenge the confirmation of duty of Rs. 2,31,790/ - on sand moulds and castings etc. manufactured and cleared by them for processing outside their factory without debiting 10% of the value of such casting, but taking credit twice against single debits. The only plea is that the penalty of amount equal to duty imposed under Rule 571(4) and Rs. 5000/ - under Rule 173Q of the Central Excise Rules is too harsh and required reduction.

(2.) WE note that the duty amount was paid vide PLA Entry No. 543 dated 30.1.1998 i.e. prior to the show cause notice which was issued on 27.3.1998. Keeping this in view, we reduce the penalty to total of Rs. 5,000/ - (Rupees Five thousand) only. The appeal is thus partly allowed.