COMMISSIONER OF CENTRAL EXCISE Vs. HYUNDAI UNITECH ELECTRICAL

JUDGEMENT

(1.) The Revenue in the present appeal is aggrieved by the impugned order dated 13.06.2003 passed by the Commissioner of Central Excise (Appeals), Nagpur, by which penalty of Rs. 2,00,000/ - imposed by the Asst. Commissioner on the Respondents, has been reduced to Rs. 50,000/ -.

(2.) The Respondents are engaged in the manufacture of Tower and Lattice Masts of Iron and Steel falling under Chapter 73 of the First Schedule of the Central Excise Tariff, 1985.

(3.) The Respondents were availing the facility of payment of duty of excise on fortnightly basis in terms of Rule 8(1) of the Central Excise Rules, 2001. Accordingly, in respect of clearance for the first fortnight, the duty was required to be paid by 20th of the month and for the clearances in the second fortnight, other than the month of March, the duty was required to be paid by the 5th of succeeding month.